Dr. Smt. Madhuri Wankhede, v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1696 of 2021

1. Dr. Smt. Madhuri Wankhede, W/o Dr. Sanjay Wankhede Aged About 58 Years R/o - House No. 630, Krishak Nagar, Professor Colony, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through - Secretary, Health And Family Planning Department, Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Petitioner :

Shri Y. C. Sharma, Sr. Adv. Along with Shri Sachin Nidhi, Advocate.

For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 16.06.2021

1. The grievance in the present writ petition seems to be the inaction on the part of the respondents for not granting further promotion to the petitioner from the post of medical officer to the post of Pathology Specialist.

2. According to the counsel for the petitioner, she fulfills all the eligibility criteria and also does not suffer from any disqualification whatsoever. Counsel for the petitioner also referring to the Annual Confidential Report for the last more than five years, submits that there is no adverse entry whatsoever in the ACRs' also, by which she could have been denied promotion.

3. It is the further contention of the learned Sr. counsel for the petitioner that there are persons who are junior to the petitioner who have been

granted promotion on the said post ahead of the petitioner ignoring the claim of the petitioner. Lastly it is contended that the petitioner has been representing the respondents in this regard and the last representation made was Annexure P/2 dated 21.12.2020 which till date has not been decided.

4. The State counsel submits that since the representation of the petitioner Annexure P/2 is pending consideration, let the respondents scrutinize the claim of the petitioner take an appropriate decision in accordance with the promotion rules governing the field at the earliest.

5. Given the said facts and circumstances of the case, particularly taking note of the submission made by the counsel for the petitioner, the writ petition at this juncture is disposed of directing the respondents to take a decision after due verification of facts on the representation of the petitioner in-respect-of her claim for promotion from the post of medical officer to the post of Pathology Specialist.

6. Let the respondents take an appropriate decision in accordance with the rules governing the field at the earliest preferably within a period of 60 days from the date of receipt of copy of this order. In addition, the petitioner shall also be entitled to make a fresh representation to the respondents supported with all relevant documents and records available with the petitioner.

7. The writ petition accordingly stands disposed of. Sd/- 1.

P. Sam Koshy Judge Jyotijha