Vijay Jamnik And Another v. State Of Chhattisgarh And ORS.

AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6358 of 2010

1. Vijay Jamnik S/o Late L.A. Jamnik, aged about 45 years, R/o Shivshakti Bhawan, D.C.Road, Ambikapur, Working as Assistant Engineer (Design) Shyam Bajrang, Project Circle Ambikapur C.G.

2. Ramesh Kumar Bhimte S/o Late N.L. Bhimte, Aged About 55 Years, R/o Ambedkar Nagar, Bilaspur, Working As Assistant Engineer, Water Recourses Deptt. Divisioin No. 2, Ramanujganj, Distt. Ambikapur C.G.

---- Petitioners

Versus

1. State Of Chhattisgarh, through its Secretary, Department of Water Resources D.K.S. Bhawan, Raipur C.G.

2. Engineer In Chief Water Resources Deptt. Sihava Bhawan, Raipur C.G.

3. Secretary, General Administration Deptt Government Of Chhattisgarh, D.K.S. Bhawan, Raipur C.G.

4. Secretary, Deptt. Of Finance, Govt. Of Finance, Govt. Of Chhattisgarh, D.K,s. Bhawan, Raipur CG

5. Shri Subodh Kuma Shrivastava, Retd. Chief Engineer Mahanadi Project Raipur, Currently working as Chief Engineer Mini Mata Bango Project Bilaspur C.G.

6. Shri R.N. Mishra, Retired Chief Engineer Mahanadi Godawari Kachhar, Raipur, Currently Working As Chief Engineer Mahanadi, Godawari, Kachhar, Raipur, Distt. And Tah, Raipur C.G.

---- Respondents For the Petitioners :

Shri Vinod Deshmukh, Advocate For the State/Res.No.1to5 :

Shri R.K. Gupta, Dy. Advocate General For the Res. No.6 :

Shri Anupam Sharma, Advocate For the Res. No. 5 :

None ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2018

1. Heard counsel for the parties.

2. Deputy Advocate General pointed out that the relief No.(ii) has become infructuous because impugned order Annexure P/1 & Annexure P/2 were for only one year from the date 30/11/2009, no post of the Chief Engineer is lying vacant.

3. Looking to the facts and circumstances of the case, this Court finds that relief No. (ii) and (iv) have become infructuous as so far the relief No. (iii) regarding the promotion of the petitioners for the post of Executive Engineer, they may file fresh representation before the competent authority and the competent authority may decide such representation expeditiously.

4. The instant writ petition is disposed of on aforesaid observation. Sd/- (Sharad Kumar Gupta) Judge Kamde