Birbhawan Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1128 of 2019

1. Birbhawan Singh S/o Domra Singh Aged About 48 Years Working As Homeopathy Servant, Government Homeopathy Dispensasry, Lolki, Block Pratappur, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh

2. Ramkrishna Maravi S/o Late Punauram Maravi Aged About 52 Years Working As Dispensary Servant, Government Ayurvedic Aushadhalaya, Udaypur, Block Udaypur, District Surguja, Chahttisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioners

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

4. The District Ayurved Officer Surajpur, District Surajpur, Chhattisgarh., District : Surajpur, 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 petitioners in the present writ petition is that the petitioners have 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 petitioners, 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 petitioners they 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 petitioners 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 petitioners and also consider the representations of the petitioners if any pending. While deciding the same, the respondent No. 2 shall specifically take into consideration the date of appointment of the petitioners and also scrutinize as to why the petitioners have been left out in the past and juniors to the petitioners 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 petitioners 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