Bhagwat Prasad Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 1605 OF 2021 • Bhagwat Prasad Yadav, S/o Late Shri Ramdeen (Bhaila) Yadav, aged about 52 years, working as Junior Clerk, District Cooperative Central Bank, Branch Masturi, District Bilaspur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Cooperative Societies, Mahanadi Bhawan, Nava Raipur, District Raipur (CG) 2.

Registrar, Cooperative Societies, Indravati Bhawan, Nava Raipur, District Raipur (CG) 3.

Joint Registrar, Cooperative Societies, Bilaspur (CG) 4.

Deputy Registrar, Cooperative Societies, Bilaspur (CG) 5.

District Cooperative Central Bank Maryadit, Bilaspur, through its Chief Executive Officer, District Cooperative Central Bank Maryadit, Bilaspur, Nehru Chowk, Bilaspur, District Bilaspur (CG) ... Respondents For Petitioner :

Mr. Gary Mukhopadhyay, Advocate.

For respondents/State :

Ms. Akansha Jain, Advocate.

For Respondent/Bank :

Mr. Prafull N. Bharat and Mr. Jitendra Shrivastava, Advocates.

Hon'ble Shri Justice P. Sam Koshy Order on Board /04/2021 1.

The limited grievance that Petitioner has in the present Writ Petition is the inaction on the part of Respondents in not considering the claim of Petitioner for promotion from the post of Junior Clerk to Assistant Accountant. 2.

According to learned Counsel for Petitioner, there is no any impediment as such by which the promotion of Petitioner in spite of his being fully eligible and entitled for the same, to be denied or withheld. According to him, there is no departmental enquiry pending against Petitioner, nor is there any criminal case pending against Petitioner to his knowledge and neither is there any punishment order in operation on the basis of which also the promotion could have been deferred by Respondents.

3.

Learned Counsel for Petitioner submits that Petitioner has already made a detailed representation in this regard to Respondent No.5, but till date the same has not been decided. He further submits that meanwhile on 16.10.2017 a DPC was convened and many similarly placed persons have been promoted from the post of Junior Clerk to the post of Assistant Accountant, however the claim of Petitioner has been ignored.

4.

Learned Counsel appearing for Respondent No.5-Bank submits that since the representation of Petitioner is already pending consideration, the authorities shall consider the same in accordance with the Rules and the Service Regulations governing the field, as regards the promotion which Petitioner is claiming for.

5.

In view of the submission made by learned Counsel for Respondent No.5Bank, the present Writ Petition at this juncture is being disposed of directing Respondent No.5-Bank to ensure that the representation, which the Petitioner has made vide Annexure P-10, be decided at the earliest, preferably within a period of 60 days from the date of receipt of the copy of this order. In addition, the Petitioner would also be entitled for making a fresh representation to Respondent No.5-Bank.

6.

Writ Petition stands accordingly disposed of with aforesaid observations. Sd/- (P. Sam Koshy) sharad JUDGE