Surendra Kujur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1123 of 2019 Surendra Kujur S/o Kuwan Sai Aged About 45 Years Working As Dispensary Servant, Govt. Homeopath Dispensary, Gandhi Nagar, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, New Raipur, P.S. Rakhi, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director Ayurved Yoga And Natural Medicine Unani, Siddh And Homeopathy (Ayush) Chhattisgarh, Indravati Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The District Ayurved Officer Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondents For Petitioner :

Mr. Harish Khuntiya, Advocate For State :

Mr. Arvind Dubey, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 20/02/2019

1. The grievance of the petitioner in the present writ petition is that the petitioner has been working with the respondents as Class-IV employee on the post of Dispensary Servant Since last more than 25 years but till date he has not been considered for promotion in the Class-III category.

2. According to the petitioner in course of time the respondents have granted promotion to other similarly placed persons and many of whom even juniors to the petitioner in service. According to the petitioner he otherwise fulfills all the eligibility criteria required for

promotion from Class-IV to Class-III and there are vacancies still available in the Department and therefore the case of the petitioner be also considered in this regard.

3. Given the facts and circumstances of the case this Court is of the opinion that ends of justice would meet if the respondent No. 2 is directed to consider the grievance of the petitioner and also consider the representations of the petitioner if any pending. While deciding the same, the respondent No. 2 shall specifically take into consideration the date of appointment of the petitioner and also scrutinize as to why the petitioner has been left out in the past and juniors to the petitioner have been granted promotion.

4. Let a decision be taken by respondent No. 2 within a period of 90 days from the date of receipt of copy of this order. In addition, the petitioner would be entitled to make fresh representation within a period of two weeks from today.

5. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit