Lakhan Lal Markande v. State Of Chhattisgarh And Others

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2336 of 2008 • Lakhan Lal Markande, Aged about 59 years, S/o M.L. Markande, Presently Posted As District Leprosy OfÏcer, Durg R/o Doctor's Qr. Type F-1, In Front Of Adarsh Girls Higher Secondary School, Utai Road, Durg (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Department of Health and Family Welfare, DKS Bhawan, Raipur (CG)

2. Director Health Services, Raipur (CG)

3. Chhattisgarh Public Service Commission, Through Secretary, Shankar Nagar Road, Raipur

4. Dr. Fagge Ram Kumbhkar S/o Not Known To The Petitioner OfÏce Of the CMO, Korba (CG)

5. Dr. Pattu Lal Verma S/o Not Known To The Petitioner, OfÏce Of The CMO, Ambikapur, Surguja (CG) ---- Respondent For Petitioner None For Respondent /State Mr. R. Tripathi, Panel Lawyer For Respondent /PSC Mr. Abhishek Sinha, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/4/2017

1. Record perused and heard learned counsel for the respective respondents.

2. The petitioner is claiming promotion on the post of District

Health OfÏcer with retrospective effect.

3. In para 4 of the return filed by the State, it is stated that the petitioner has already retired from service w.e.f. 30.4.2011. It is also stated in para 5 of the return that the petitioner was granted promotion on the post of ENT Specialist (Class-I) on 06.01.2007, but he refused to accept the promotion. However, in the subsequent DPC, he was not found fit for promotion as per the benchmark fixed by the DPC.

4. It is, thus, apparent that the petitioner's case has already been considered by the DPC and he was not found fit for promotion, therefore, no case for interference in this petition is made out.

5. The writ petition is accordingly dismissed. Sd/- Judge (Prashant Kumar Mishra) Shyna