Rajesh Kumar Swarnkar v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1488 of 2009 Rajesh Kumar Swarnakar, aged 49 years, Son of Dr. Mohanlal Swarnakar, Senior Agriculture Development Officer, Balod, District Durg, Chhattisgarh ---Petitioner versus

1. The State of Chhattisgarh, Through the Secretary, Agriculture Department D.K.S. Bhavan, Raipur (Chhattisgarh)

2. Sub Divisional Officer (Agriculture) Balod, District Durg (Chhattisgarh)

3. Ravi Shanker, Gupta, S.D.O. Agriculture, Balod, District Durg (Chhattisgarh) ---- Respondents For Petitioner :

Shri U.R. Koshaley, Advocate For State/Respondents No.1&2 :

Shri Raj Kumar Gupta, Deputy Advocate General Hon'ble Shri Navin Sinha, Chief Justice Order on Board 22/2/2016 1.

Heard Learned Counsel for the Petitioner and the State. 2.

The fact that the Petitioner may have been granted second timebound promotion is completely a different issue from a claim for substantive promotion. There is no denial on behalf of the Petitioner to the statement in the counter-affidavit that the Departmental Promotion Committee considered the case of the Petitioner on 14.11.2006 but did not find him fit. Even if that be correct, nonetheless the Petitioner is still required to be considered in accordance with law at the opportune time, if not already done. 3.

The writ petition is disposed in the aforesaid terms. Sd/- (Navin Sinha) CHIEF JUSTICE Gopal