Smt. Sushila Banjare Vs State of Chhattisgarh

1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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2 - Commissioner Agriculture Directorate Of Agriculture Chhatisgarh Raipur, Block No. Ii, Second Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Smt. Prabha Patel Posted In The Office Of Deputy Director (Agriculture), Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh

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4 - Manoj Sarkar Posted In The Office Of Deputy Director (Agriculture), Bijapur, District Bijapur (Chhattisgarh).

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--- Respondent(s)

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with

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WPS No. 3504 of 2021

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1 - Ramnath Khunte S/o Mayaram Khunte Aged About 47 Years R/o Village And Post Dumarpara, Baradwar, District Janjgir Champa Chhattisgarh

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--- Petitioner

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Agriculture And Biotechnology Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh.

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2

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2 - Commissioner Agriculture, Directorate Of Agriculture Chhattisgarh Raipur Block No. Ii, Second Floor, Indravati Bhawan, Nawa Raipur Atal Nagar Raipur District Raipur Chhattisgarh. 3 - Kumari Anjani Sahu Posted In The Office Of Deputy Director (Agriculture) Raipur District Raipur Chhattisgarh.

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4 - N. K. Jaiswal Posted In The Office Of Deputy Director (Agriculture) Korea District Korea Chhattisgarh. --- Respondent(s)

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with

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WPS No. 3476 of 2021

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Kishan Tandey S/o. Makhanlal Tandey Aged About 45 Years R/o. Devnandan Nagar Phase - I, Seepat Road, Chantidih, Lane No. 4, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. --- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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2 - Commissioner Agriculture, Directorate Of Agriculture Chhattisgarh Raipur, Block No. Ii, Second Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Priyatam Kumar Anant Posted In The Office Of Deputy Director (Agriculture), Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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4 - Ashok Kumar Sonwani Posted In The Office Of Deputy Director (Agriculture), Surajpur, District Surajpur, Chhattisgarh.

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--- Respondent(s)

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with

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WPS No. 3495 of 2021

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1 - Dharam Lal Bharti S/o Shyam Lal Bharti Aged About 45 Years R/o Village Devarmal, Post Kudurmal, District Korba Chhattisgarh.

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--- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mantralaya, Mahanadi Bhawan Capital Complex, Atal Nagar Nawa Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3

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2 - Commissioner Agriculture, Directorate Of Agriculture Chhattisgarh Raipur, Block No. Ii, Second Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Dilip Kumar Ratre Posted In The Office Of Senior Agriculture Development Officer, Kargi, Road, Kota, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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4 - Brajesh Kumar Turkane Posted In The Office Of Deputy Director (Agriculture) Mahasamund District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh. --- Respondent(s)

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with

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WPS No. 3490 of 2021

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1 - Smt. Anshumala Washnik W/o Chetan Wasnik Aged About 47 Years R/o Vikas Nagar , G3/2, Bilaspur , District Bilaspur Chhattisgarh.

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--- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Secretary , Agriculture And Biotechnology Department , Mantralaya, Mahanadi Bhawan , Capital Complex, Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Commissioner Agriculture Directorate Of Agriculture Chhattisgarh Raipur Block No. Ii, Second Floor, Indravati Bhawan, Nawa Raipur , Atal Nagar , Raipur District Raipur Chhatisgarh.

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3 - Shyamkhilawan Sonwani Posted In The Office Of Deputy Director (Agriculture) Janjgir , District Janjgir Champa Chhattisgarh.

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4 - K.N. Rastogi Posted In The Office Of Deputy Director (Agriculture), Raipur , District Raipur Chhattisgarh.

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--- Respondent(s)

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with

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WPS No. 3487 of 2021

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Kuldeep Kumar Ratre S/o Maniram Ratre Aged About 46 Years R/o Narsingh Ganga Colony, Kharmora, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

--- Petitioner

Versus

4

1 - State Of Chhattisgarh Through Secretary , Agriculture And Biotechnology Department , Mantralaya, Mahanadi Bhawan , Capital Complex, Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Commissioner Agriculture Directorate Of Agriculture Chhattisgarh Raipur Block No. Ii , Second Floor, Indravati Bhawan, Nawa Raipur , Atal Nagar , Raipur District Raipur Chhatisgarh.

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3 - Gaukaran Prasad Sahade Posted In The Office Of Deputy Director (Agriculture) Rajnandgaon , District Rajnandgaon Chhattisgarh.

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4 - Bhagatram Ghritesh Posted In The Office Of Deputy Director (Agriculture) Mungeli, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh

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--- Respondent(s)

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with

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WPS No. 3482 of 2021

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1 - Meena Kumar Satnami S/o Chhatram Aged About 47 Years Village And Post Birgahni, Champa, Post Champa, District Janjgir Champa Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh)

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2 - Commissioner Agriculture Directorate Of Agriculture Chhatisgarh Raipur, Block No. I I, Second Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh

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3 - Neerja Kulkarni Posted In The Office Of Deputy Director (Agriculture), Mungeli, District Mungeli Chhattisgarh

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4 - Lokesh Kumar Kosle Posted In The Office Of Deputy Director (Agriculture), Mungeli, District Mungeli Chhattisgarh

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5 - Victoria Narsing Posted In The Office Of Deputy Director (Agriculture), Mungeli, District Mungeli Chhattisgarh

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--- Respondent(s)

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with

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5

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WPS No. 3480 of 2021

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1 - Smt. Ashwani Dahariya W/o Onkar Prasad Dahariya Aged About 47 Years R/o Sai Nagar, Uslapur, Bilaspur District Bilaspur Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh)

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2 - Commissioner Agriculture Directorate Of Agriculture Chhatisgarh Raipur, Block No. I I, Second Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh

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3 - Prakash Kumar Yadav Posted In The Office Of Deputy Director (Agriculture), Gourela Pendra District Gourela Pendra Marvahi Chhattisgarh.

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4 - Smt. Mamta Rani Posted In The Office Of Deputy Director (Agriculture) Surajpur District Surajpur Chhattisgarh

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--- Respondent(s)

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with

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WPS No. 3478 of 2021

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1 - Smt. Sushila Banjare W/o. M.R. Banjare Aged About 45 Years R/o. Saluja Vihar, Bhartiya Nagar, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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2 - Commissioner Agriculture Directorate Of Agriculture Chhattisgarh Raipur, Block No. Ii, Second Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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3 - Angad Ram Maravi Posted In The Office Of Deputy Director (Agriculture) Balrampur, District Balrampur-Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh

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4 - Dhaneshwar Sai Posted In The Office Of Deputy Director (Agriculture), Baloda Bazar, District Baloda Bazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

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--- Respondent(s)

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with

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WPS No. 3511 of 2021

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1 - Premlal Mirendra S/o Late Shri Darasram Mirendra Aged About 48 Years R/o Quarter No. 374, Podi Bahar, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Agriculture And Biotechnology Department , Mantralaya , Mahanadi Bhawan, Capital Complex, Atal Nagar , Nawa Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Commissioner Agriculture Directorate Of Agriculture Chhattisgarh Raipur , Block No. Ii , Second Floor, Indravati Bhawan, Nawa Raipur , Atal Nagar, Raipur , District Raipur Chhattisgarh.

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3 - Rajesh Kumar Sahu Posted In The Office Of Deputy Director (Agriculture) , Mungeli , District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh

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4 - Ashish Kumar Sinha Posted In The Office Of Deputy Director (Agriculture), Balrampur , District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh

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--- Respondent(s)

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For Petitioner(s)	:Mr. Manoj Paranjpe, Senior Advocate along with Mr. Rishabh Gupta, Advocate
For respective	:Mr. Suyashdhar Badgaiya, Government Advocate
Respondent(s)	Mrs. Laxmin Tondey, Advocate
	Mr. Shashi Kumar Kushwaha, Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

7

02/04/2026

Since a common legal issue is involved in this batch of writ petitions, therefore, they have been clubbed together, heard together, and are being disposed of by this common order.

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The petitioners have filed these petitions, seeking the following relief:- “10.1. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the impugned order of promotion so far as it relates to the private respondent is concerned and the respondents may kindly be directed to consider the case of the petitioner for promotion on the post of Agriculture Development Officer by treating his qualification (B.Sc. with one subject Chemistry) as equivalent to B.Sc. Agriculture or in alternative the respondents may prepare the fresh common gradation list on the basis of the date of appointment and considered the case of the petitioner and private respondent afresh with all consequential benefits.

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10.2] That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and the respondents may kindly be directed to prepare the fresh gradation list of Rural Agriculture Extension Officers on the basis of their appointment and length of service and thereafter consider the case of the petitioner for promotion or in alternative the Hon'ble Court may kindly be pleased to direct the respondents to include the name of the petitioner in the gradation list of B.Sc. Agriculture treating the qualification of the petitioner equivalent to B.Sc. Agriculture.

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10.3] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case. ”

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Brief facts are that the petitioners were appointed in a special drive for Scheduled Castes and Scheduled Tribes candidates on the post of Rural Agriculture Extension Officer in the year, 2000. The post of Rural

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Agriculture Extension Officer is a feeder post of Agriculture Development Officer, according to Chhattisgarh Sub-ordinate Agriculture Class-III (Non Ministerial) Service Recruitment Rules, 2010 (for short, the Rules, 2010). The petitioners acquired requisite experience for promotion to the post of Agriculture Development Officer, but their names have not been considered by the respondent authorities; rather, names of private respondents were considered and an order of promotion was issued on 29.05.2021.

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Mr Paranjpe, learned Senior Advocate appearing for the petitioners would submit that the requisite educational qualification for the post of Rural Agriculture Extension Officer is graduation in B.Sc. (Agriculture), whereas the petitioners herein are graduates with other B.Sc. streams. He would further submit that the respondent authorities have not considered the names of the petitioners for promotion to the post of Agriculture Development Officer only on the ground that they are not graduates in B.Sc. (Agriculture). He would also submit that the petitioners were appointed way back in the year, 2000, and no objection was ever raised by the respondent authorities regarding their educational qualifications, and they were appointed in a special drive for Scheduled Castes and Scheduled Tribes candidates, relaxing educational qualifications.

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He would contend that objection raised by the respondent authorities while denying promotion is not tenable after the lapse of 21 years from the date of their appointment. He would further contend that a direction may be issued to the respondent authorities to consider the names of the petitioners for promotion to the post of Agriculture Development Officer.

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On the other hand, Mr. Badgaiya, Government Advocate appearing for the State would oppose the submissions made by counsel for the petitioners and submit that the order of promotion dated 29.05.2021

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has been issued in favour of those Agriculture Extension Officers who are graduates in B.Sc. (Agriculture), and since the petitioners are not having that qualification, therefore they have no locus to challenge the order. He would further submit that there were two gradation lists; the first one is of Rural Agriculture Extension Officers having graduation in B.Sc. (Agriculture) stream, and another gradation list was made for Rural Agriculture Extension Officers who have graduation in other science streams. He would also submit that there was classification of posts of Rural Agriculture Extension Officers, and as the petitioners were not having the requisite qualification as required in the Chhattisgarh Subordinate Agriculture (Non-Ministerial) Service Recruitment Rules, 1972 and the subsequent Rules, 2010, therefore, their names have not been considered; thus, the petitions are devoid of merits and deserve to be dismissed.

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Mrs. Tonde and Mr Kushwaha, learned counsel appearing for the private respondent(s) would argue that the private respondents have completed their graduation in B.Sc. (Agriculture), therefore, they have been promoted to the post of Agriculture Development Officer, and the petitioners herein, who are lacking requisite qualification for the post of Agriculture Development Officer for promotion, have rightly not been considered for promotion to the post of Agriculture Development Officer, as they are not graduates with B.Sc. (Agriculture); thus, they submit that the petitions deserve to be dismissed.

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I have heard and perused the documents.

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An amendment to the Recruitment Rules, 2010 was introduced by the State Government vide notification dated 04.12.2018. As per this notification, certain changes were made to Column 7 of Serial No. 3 in Schedule II of the said Rules. According to the amended provisions, earlier 100% promotional quota for the post of Agriculture Development Officer was restructured into three categories. Out of the total

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promotional quota, 45% of the posts are allocated for Rural Agriculture Extension Officers possessing a graduation degree in B.Sc. Agriculture, Agricultural Engineering, Horticulture, or Agricultural Biotechnology. Another 45% of the posts are allocated to candidates holding graduation degree in other science streams. The remaining 10% of the posts are allocated for Surveyors.

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The amended notification was challenged by other petitioners, who are Rural Agriculture Extension Officers, by filing WPS No. 4742 of 2019, challenging the constitutionality and validity of the notification, and the said petition was allowed, and the notification dated 04.12.2018 was declared ultra vires vide order dated 07.04.2022, against which, the State Government preferred a Special Leave to appeal before the Hon’ble Supreme Court, which was subsequently not pressed and disposed of; thus, the order passed in the writ petition by the High Court has attained finality with regard to the inter se dispute between the State and the petitioners herein.

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10.Admittedly, the petitioners are graduates in other science streams, whereas according to the Recruitment Rules, 1972 and 2010, the required qualification for the post of Rural Agriculture Extension Officer was graduation in B.Sc. Agriculture, as per Rule 8 of the Rules, 2010.

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11.The petitioners were appointed in a special drive for Scheduled Castes and Scheduled Tribes in the year, 2000. The eligibility criteria for the post of Rural Agriculture Extension Officer pertaining to the petitioners was relaxed by the State Government, and the petitioners are working on the post for the last more than 20 years. The Rural Agriculture Extension Officer is a feeder post for the post of Agriculture Development Officer according to Schedule-2 of the Rules, 1972 and Rule 8 of the Rules, 2010.

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12.Further, the petitioners were appointed by relaxing eligibility criteria in a special drive for Scheduled Castes and Scheduled Tribes. They have completed more than 20 years of service, therefore, they cannot be

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discriminated against for the benefit of promotion on the ground of educational qualification, therefore, the respondent authorities are directed to consider the names of the petitioners for promotion to the post of Agriculture Development Officer.

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13.Since the private respondents herein have already been granted promotion way back in the year 2021, they will not be disturbed.

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14.Authorities concerned are directed to complete the entire exercise with regard to the promotion of the petitioners herein within a period of 04 months from the date of receipt of a copy of this order.

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15.With the above observation(s) and direction(s), these petitions are

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hereby disposed of .

Sd/-

Rakesh Mohan Pandey

JUDGE

Nadim

Smt. Sushila Banjare v. State of Chhattisgarh

Case brief

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Smt. Sushila Banjare v. State of Chhattisgarh

Case brief

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