Keshav Prasad Sharma v. State Of C.G. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6802 of 2007 Keshav Prasad Sharma s/o Meghraj Sharma, aged 60 years, Sub Engineer (E&M) E&M Office, Executive Engineer, Electrical Engineering Heavy Plant Division, Rudri, District Dhamtari, Chattisgarh. ---- Petitioner

Versus

The State of Chhattisgarh, Through1. Secretary, Water Resources Department, Government of Chhattisgarh, Dau Kalyan Singh Bhawan, Raipur, Chhattisgarh.

2. Engineer-in-Chief, Water Resources Department, Sihawa Bhawan, Raipur, Chhattisgarh.

3. Chief Engineer, Mahanadi Reservoir Project, Electrical Engineer Heavy Plant Division, Raipur, Chhattisgarh.

---- Respondents For Appellants : Shri Shashi Kushwaha, Advocate.

For Respondents : Shri B. Gopa Kumar, Deputy Advocate General. Hon'ble Shri Navin Sinha, Chief Justice Order on Board 14/12/2015 1.

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

Learned Counsel for the Petitioner submits that he was appointed on 21.7.1973. On 14.12.1978, he was appointed as Sub-Engineer and has been working as a regular Sub-Engineer from 28.2.1978 but his services from 26.7.1973 is not being taken into consideration for the purposes of seniority. 3.

The counter-affidavit by Respondents in paragraph 9 states that the Petitioner was not appointed against a clear and sanctioned vacant post. The appointment was as a work charged contingency employee. Thereafter, on the recommendation of the Departmental Selection Committee, he was given the status of a permanent Sub-Engineer from 28.2.1979 and therefore the question of granting of seniority as a permanent employee from 26.7.1973 does not arise. There is no rejoinder to the counter-affidavit. 4.

The writ petition is dismissed in view of the statement made in the counteraffidavit. Sd/- (Navin Sinha) CHIEF JUSTICE