Sanjay Kumar Raktate v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3940 of 2016 Sanjay Kumar Raktate S/o Late P.R. Raktate, Aged About 48 Years Assistant Teacher Panchayat Govt. Primary School Shuklapara Post Thana Charama & District Kanker Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat & Rural Department, Mahanadi Bhawan, New Raipur Chhatisgarh

2. Chief Executive Officer, Zila Panchayat Kanker District Kanker Chhattisgarh

3. Block Education Officer, Charama, District Kanker Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Charama, District Kanker Chhattisgarh

5. Treasury Officer, Treasury Account And Pension Kanker District Kanker Chhattisgarh ---- Respondents For Petitioner :

Shri Somkant Verma, Advocate For State :

Shri Sangharsh Pandey, Dy. Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2016 Heard.

1. This writ petition has been preferred seeking benefit of the circular dated 2-11-11 for grant of time-bound promotion/Kramonnati on completion of 10 years of service. The petitioners have claimed parity in view of the order passed in writ appeal No.389/14, decided on 23-3-2015.

-22. Learned State counsel would submit that the benefit of the circular dated 2-11-11 has been withdrawn by issuing a circular on 14-11-14 w.e.f. 1-5-13. He would submit that subsequently, the Division Bench in writ appeal Nos. 227 & 231 of 2015 has passed order, therefore, the present writ petition does not survive.

2. The above statement is not disputed by the learned counsel for the petitioner.

3. In writ appeal Nos. 227 & 231 of 2015, the Division Bench of this Court has passed the following order:- "3. The Writ Appeals arise from separate orders, dated 17.10.2014 and 26.9.2014, disposing a batch of analogous cases including Writ Petition (S) No.2914 of 2014 and Writ Petition (S) No.4382 of 2014 filed by the Appellants. Since we have already heard and disposed Writ Appeal No.389 of 2014 and analogous appeals involving similar questions as raised in the present Writ Appeals on 23.3.2015, it is considered appropriate to condone the delay. Delay is therefore condoned.

4. While passing the order dated 23.3.2015, the subsequent order passed by the Respondents on 14.11.2014 recalling the order dated 2.11.2011 with effect from 1.5.2013 had not been brought to our attention.

5. The present Writ Appeals are therefore disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals, dated 23.3.2015, with the only clarification that in view of the order dated 14.11.2014 the claim of the Appellants is required to be considered only for the period 2.11.2011 till 1.5.2013.

-36. The Writ Appeals are disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals with the aforesaid clarification. "

4. In view of the above, the present writ petition is disposed off in terms of writ appeal Nos. 227 & 231 of 2015. In other words, petitioner's case for grant of kramonnati is required to be considered only for the period 2-1111 till 1-5-2013, if the petitioner fulfill the eligibility criteria as per the norms laid down by the State Government.

Sd/-- (Manindra Mohan Shrivastava) Judge Praveen