Sukhram Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1891 of 2021 Sukhram Dewangan, S/o Shri Purnath Dewangan, Aged About 46 Years, Post - Assistant Block Education Officer, R/o House No. 20, Albeda Para, Forest Colony, Kondagaon, District Kondagaon Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Education Department, Ministry, Mahanadi Bhavan, New Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director, Directorate of Public Education Indrawati Bhavan, First Floor Block 03, Atal Nagar, New Raipur, District Raipur Chhattisgarh.

3. The Director, Directorate of Veterinary Services, Livestock Development Department, Ground Floor, Block No. 03, Indravati Bhavan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh.

4. Deputy Director, Veterinary Department (Livestock Development Department) Kondagaon, District Kondagaon Chhattisgarh.

5. District Education Officer, Kondagaon, District Kondagaon Chhattisgarh.

---- Respondents ---------------------------------------------------------------------------------------- For Petitioner :

Shri Alok Dewangan, Advocate For State :

Shri Aditya Bhardwaj, PL --------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board 24/03/2021

1. The limited prayer that the petitioner has made is for a direction to the respondents to consider and decide the

representation of the petitioner where he has claimed for treating his resignation as technical resignation by virtue of which he gets the advantage of the services rendered by the petitioner in the Veterinary Department.

2. According to the petitioner, initially he was working as Assistant Veterinary Field Officer from September 2004 to October 2015. Subsequently, he got selected as an Assistant Block Education Officer in the Education Department on which post he got selected w.e.f. 05.10.2015.

3. Before joining the post of Assistant Block Education Officer, the petitioner has tendered his resignation which was accepted by the Veterinary Department. The petitioner submitted that he has immediately made a request for treating his resignation as a technical resignation for the reason that both the services were under the same State Government and therefore, the petitioner could get the benefit of continuity of service for the purposes of treating the service rendered under the Veterinary Department as qualifying service for pension and gratuity benefits etc.

4. Given the limited brief that the petitioner has and the representation of the petitioner also pending consideration before the authority. The writ petition at this juncture stands disposed of, directing the respondent Nos. 1, 2 and 3 to take an appropriate decision of the representation of the petitioner in accordance with law at the earliest preferably within a period of four months from the date of receipt of copy of this order.

Sd/- (P. Sam Koshy) Judge Vasant