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2026 Supreme(Online)(Chh) 23987
HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J
Ravi Shankar Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 9300 of 2019
For the Appellants/Petitioners: Vinod Kumar Sharma
For the Respondents: Rahul Tamaskar
A writ petition becomes infructuous when the primary relief sought is granted during its pendency, although the court may allow the petitioners to represent for specific ancillary benefits like the effective date of absorption.
Headnote:(A) Service Law - Absorption - Counting of previous service - Refusal to count service rendered under the Panchayat Department prior to appointment under the Nagariya Nikay for the purpose of absorption in the School Education Department is challenged as arbitrary. (Para 2)
(B) Writ Jurisdiction - Mootness - Where the primary relief of absorption has been granted during the pendency of the petition, the petition becomes infructuous, although the court may grant liberty to the petitioners to seek specific benefits regarding the effective date of absorption through representation. (Para 3, 4)
Issues: Whether the service rendered under the Panchayat Department should be counted for the purpose of absorption in the School Education Department.
| Table of Content |
|---|
| 1. petitioners challenged the refusal to count previous service for absorption purposes. (Para 1 , 2) |
| 2. the state contended the petition is moot as absorption has already occurred. (Para 3) |
| 3. petition disposed of as infructuous with liberty to seek date-of-benefit via representation. (Para 4 , 5) |
NAFR
D si i g g n it e a d l l b y y JYOTI JHA Date: 2026.08.21 11:20:19 +0530
Order on Board
20.08.2026
1. The present writ petition has been filed seeking following relief(s):-
(i) That, this Hon'ble Court may kindly be pleased to quash Annexure P-1 and the respondent may be directed to grant all the beneft of absorption, in the interest.
(ii) That, this Hon'ble Court may kindly be pleased to quash Annexure P-2 to the extend it prohibit counting of earlier service and direction may be issued for counting earlier service while posing from panchayat to nagriya nikya or vice versa, in the interest of justice.
(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted
2. Learned counsel for the petitioners submits that the petitioners were duly absorbed in the School Education Department vide order dated 19.08.2019; however, subsequently, vide order/letter dated 22.08.2019, the respondents sought to cancel their absorption by refusing to count the services rendered by them under the Panchayat Department prior to their appointment under the Nagariya Nikay. Therefore, the action of the respondents in refusing to count the said services for the purpose of absorption is arbitrary and discriminatory.
3. Learned State counsel submits that the petitioners’ services were rightly counted from the date of their joining the higher post under the Nagariya Nikay, in terms of the applicable policy/clarification, and therefore, the impugned action does not suffer from any illegality. It is further submitted that the petitioners have subsequently been absorbed in the School Education Department upon completion of the requisite period of service on 20.02.2020 and, therefore, nothing survives for adjudication in the present petition.
4. Considering the submissions made by learned counsel for the parties, particularly the fact that the petitioners have subsequently been absorbed in the School Education Department upon completion of the requisite period of service, no further adjudication is called for in the present writ petition. However, the petitioners shall be at liberty to make a representation before the respondent-authorities with regard to grant of the benefit of absorption with effect from 01.07.2019, and the respondent-authorities shall consider and decide the same in accordance with law expeditiously.
5. Accordingly, the present writ petition stands disposed of.
