Chhattisgarh Computer Operator Association v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 15 of 2019

1. Chhattisgarh Computer Operator Association Through The President Manoj Kumar Yadav, Aged About 42 Years, R/o Village And Post Bartori, Tehsil Bilha, District : Bilaspur, Chhattisgarh

2. Ghanshyam Chandrakar S/o Shri Beniram Chanddrakar Aged About 44 Years R/o Village Mokhla Post Bhilai, Tehsil Aarang, District : Raipur, Chhattisgarh

3. Vyas Narayan Sahu S/o Shri Yuvraj Sahu Aged About 40 Years R/o Village And Post Sebhra, Block Abhanpur, District : Raipur, Chhattisgarh

4. Omprakash Sahu S/o Shri R.L. Sahu Aged About 40 Years R/o Village And Post Pali, Tehsil Pali, District : Korba, Chhattisgarh

5. Lakshmi Verma D/o Shri Hemsingh Verma Aged About 41 Years R/o Near Saint Pauls School, Kalika Nagar, Tifra, District : Bilaspur, Chhattisgarh

6. Lakshmi Prasad Kashyap S/o Late Shri Fekuram Kashyap Aged About 40 Years R/o Village Bhadi, Post Khaira (Daganiya), P.S. Seepat, District : Bilaspur, Chhattisgarh

7. Rishikant Mohre S/o Late Shri Sadashiv Rao Mohre Aged About 41 Years R/o Ward No. 2, Gariyaband, District : Gariyabandh, Chhattisgarh

8. Ganeshu Dewangan S/o Shri Kartik Ram Dewangan Aged About 40 Years R/o Village And Post Reeva, Tehsil Aarang, District : Raipur, Chhattisgarh

9. Ajay Kumar Chandrakar S/o Shri Toshram Chandrakar Aged About 42 Years R/o Nagar Panchayat Tumgaon, District : Mahasamund, Chhattisgarh 10.Toran Lal Sahu S/o Shri Nathuram Sahu Aged About 42 Years R/o Village Panchayat Kusmud, Post Samoda, Tehsil Aarang, District : Raipur, Chhattisgarh 11.Amarnath Sahu S/o Shri Shvi Bulak Sahu Aged About 40 Years R/o Village Tilda, Post Pondi (Bachha), Tehsil Khadgaon, District : Koriya (Baikunthpur), Chhattisgarh 12.Ramkumar Sahu S/o Shri Dhanushdhari Sahu Aged About 42 Years R/o Village Madi, Post Kasra, Tehsil Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh ---- Appellants

Versus

1. State of Chhattisgarh Through The Principal Secretary, Department Of Food, Civil Supplies And Consumer Protection, Mahanadi Bhawan, Mantralaya, Naya Raipur, District : Raipur, Chhattisgarh

2. Directorate Food Civil Supplies And Consumer Protection, Through The Director, Block 2, 3rd Floor, Indravati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

3. Registrar Cooperative Societies, Indravati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

4. Chhattisgarh State Cooperative Marketing Federation Limited Through The Managing Director, 880, Civil Lines, Raipur, Chhattisgarh.

5. Chhattisgarh State Cooperative Bank Limited Through The Managing Director, Indira Gandhi Commercial Complex, Pandri, Raipur, Chhattisgarh. ---- Respondents For Appellants :

Shri Shantam Awasthi, Advocate.

For Respondent No.1/State :

Shri Siddharth Dubey, Deputy Government Advocate.

For Respondent No.4 :

Shri Harshwardhan Parganiya, Advocate appears on behalf of Shri S.C. Verma, Advocate. Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Manindra Mohan Shrivastava Judgment on Board Per Manindra Mohan Shrivastava, Judge 14.05.2019 1.

The Petitioners are Date Entry Operators. They have filed this petition seeking twin relief, one challenging the decision of the Respondent authorities to get the work in relation to paddy outsourced, thereby giving rise to apprehension on the part of the Petitioners that their service would be discontinued and, secondly, that the emoluments which are being paid to the Petitioners are lesser than what is being paid to their counter parts in other institutions. 2.

This Court had earlier issued notices and Respondents filed their return. While this matter remained pending, it is brought to our notice now the competent authorities in the government reviewed their earlier decision and the decision to outsource the work which was being performed by the Petitioner has now been recalled.

3.

In view of the subsequent development during the pendency of this petition, learned counsel for the Petitioner would submit that at this stage, he may be permitted to withdraw this petition with liberty to pursue the matter before the

Competent Authority both with regard to continuance of their services and also for payment of emoluments at par with their counter parts in other institutions in the State.

4.

Learned counsel for the State would submit that in case the Petitioners again approaches the government, they would be taking appropriate policy decision on the line of decision which they have already taken, as referred to above. 5.

In view of the aforesaid subsequent development, we are of the view that the Petitioner may be permitted to withdraw the petition with the liberty to approach the State Government with the prayers as aforesaid. 6.

It is made clear that we have not expressed any opinion in the matter and it will be open for the State Government to consider the Petitioners' grievance in accordance with law.

7.

With the aforesaid observation and liberty, petition is dismissed as withdrawn. Sd/- Sd/- (P.R. Ramachandra Menon) (Manindra Mohan Shrivastava) Chief Justice Judge Brijmohan