Rakesh Roshan Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 627 of 2018 Rakesh Roshan Patel W/o S/o Tej Ram Patel, Aged About 39 Years Occupation Service, Posted As Ward Boy In C I M S Bilaspur, R/o Village Bhatri, P. O. Takhatpur, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Secretary Medical Education, Mahanadi Bhawan, New Raipur, P. S. Naya Raipur, Civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chhattisgarh Institute Of Medical Science (Cims) Through Dean, Sadar Bajar, P. S. City Kotwali, Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents Shri Abhishek Pandey, counsel for the petitioner/s. Shri Manish Nigam, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/01/2018 Heard.

2.

Learned counsel for the parties would not dispute that WPS No.3367 of 2017, decided on 27.09.2017 [Khemendra Singh Dhruw v. Chhattisgarh Institute of Medical Sciences (CIMS) and another] was dealing with an identical issue raised in the present writ petition, though learned counsel would submit that the said case of Khemendra Singh Dhruw (Supra) was disposed off after submission of reply by the respondents.

3.

The matter pertains to consideration of the petitioner's case for his confirmation upon completion of the period of probation. 4.

Whether or not an employee has satisfactorily completed the period of

probation is the exclusive domain of the Appointing Authority and this Court is not going to pass any order for confirmation of any employee on successful completion or otherwise of the probation period.

5.

In view of the order passed by this Court in Khemendra Singh Dhruw (supra), I am not inclined to keep this matter pending.

6.

Accordingly, this petition is disposed off with the observation that the respondents shall take decision with regard to the confirmation of petitioner's service upon successful completion of the period of probation or otherwise, at the earliest, preferably within a period of 04 months from today. Sd/- (Manindra Mohan Shrivastava) Judge Deepti