Smt. Priya Nagwanshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 680 of 2019 Smt. Priya Nagwanshi W/o Mukesh Nagwanshi Aged About 38 Years Posted As - College Of Agriculture And Research Institution, Kanker District Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Agriculture Department Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Indira Gandhi Agricultural University Through Vice - Chancellor Krishak Nagar, Raipur., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Anup Majumdar, Advocate For State :

Ms. Sunita Jain, GA For Res. No. 2 :

Mr. Shashank Thakur, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 08/02/2019

1. The only issue in the present writ petition that has been raised by the petitioner is that though the petitioner has been appointed as early as on 19.02.2009. By now about 10 years of her service, she has not been confirmed. According to the petitioner the only ground for non consideration of petitioner for confirmation is the pendency of the dispute in respect of her Caste Status before the State level High Powered Caste Scrutiny Committee. According to the petitioner the matter is pending consideration before the Committee since long and on an earlier occasion, order passed by the Committee was set aside by this Court in WPS No. 1069/2010 vide its order dated 14/05/2018 and was remitted back to the Committee for a fresh adjudication.

2. Counsel for the respondents submits that since the Caste Status of the petitioner could not be determined on account of pendency of the verification before the High Powered Caste Scrutiny Committee the confirmation aspect has also not been taken into consideration.

3. Given the aforesaid submissions by the counsel for the parties, this Court is of the opinion that considering the fact that the petitioner by now has put in 10 years of service.

4. Let respondent No. 2 consider and scrutinize the case of the petitioner for confirmation and any decision taken on the confirmation shall be subject to the outcome of the dispute in respect of the caste verification pending before the State Level High Powered Caste Scrutiny Committee. It is expected that respondent No. 2 shall take a decision on the confirmation aspect preferably within a period of 3 months.

5. Needless to mention that the aspect of confirmation shall be considered by the respondent No. 2 taking into consideration her performance during the period she was on probation.

6. Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit