High Court Of ChhattisgarhWPS/4412/2011allowed

Geerilal Rathor v. State Of Chhattisgarh And ORS.

2019-09-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4412 of 2011 Geerilal Rathor, S/o. Koushal Prasad Rathor, Aged about 49 years, Assistant Grade-III, R/o. Ward No.12, Near Jokhahi Tank, Janjgir, District Janjgir-Champa Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, Through: Secretary, General Administration Department, D.K.S. Bhawan, Mantralaya, Raipur, District Raipur, Chhattisgarh

2. The Upper Secretary, General Administration Department, D.K.S. Bhawan, Mantralaya, Raipur, District Raipur, Chhattisgarh.

3. The Collector cum District Election Officer, Janjgir-Champa, Collectorate Janjgir-Champa, Chhattisgarh

4. The Executive Engineer, Public Works Department, Champa, District Janjgir-Champa Chhattisgarh ----Respondents For Petitioner :

Mr. Vineet Kumar Pandey, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/09/2019

1. The challenge in the present writ petition is to the impugned orders Annexure P/1 & P/2 dated 26.05.2011 and 21.07.2011.

2. During the course of arguments the counsel for the parties submitted that the very same impugned order has already been put to test before this Court in WPS No. 4406/2011 and this Court vide its order dated 29.08.2019 had allowed that writ petition and since the factual aspects of the case is identical the present writ petition also can be disposed of on similar terms.

3. The said contention of the petitioner is not disputed on verification of facts by the State counsel, so far as the impugned order in the two writ petitions being the same.

4. Given the aforesaid facts and circumstances of the case this Court is inclined to allow the present writ petition also in similar terms as has been decided by this Court in WPS No. 4406/2011 decided on 29.08.2019. The two impugned orders Annexure P/1 & P/2 dated 26.05.2011 and 21.07.2011 stand set-aside/quashed. The petitioner's appointment order dated 08.11.2004 is thus ordered to be accepted as proper, legal and justified and he would be entitled to continue to work on the post of Assistant Grade-III based on the order of appointment dated 08.11.2004 with all consequential benefits.

5. With the aforesaid observations, the present writ petition stands allowed.

Sd/- (P. Sam Koshy) Judge Ved