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High Court Of ChhattisgarhWPS/6461/2017disposed off

Shailendra Singh Rawat v. Chhattisgarh Institute Of Medical Sciences C I M S

2017-11-27Hon'Ble Shri Justice Prashant Kumar Mishra4 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6421 of 2017

1. Smt. Rolie Shrivastava W/o Somraj Shrivastava, Aged About 46 Years Occupation Service, Presently Working As Lab Attendant At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o Saraswati Kunj, Behind Balram Talkies, Gandhi Nagar, Ward No.4, Nehru Nagar, Bilaspur, Chhattisgarh

2. Smt. Suman Rai W/o D.D.Rai, Aged About 35 Years Occupation Service, Presently Working As Store Keeper At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o Karbala Road, Bilaspur, Chhattisgarh

3. Shailendra Chandrakar S/o Ramesh Chandrakar, Aged About 31 Years Occupation Service, Presently Working As Steno Typist At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o New Ganj Ward, Mandi Road, Bhatapara, District BalodabazarBhatapara, Chhattisgarh

4. Chitrekha Rathore W/o Shri Laxminarayan, Aged About 36 Years Occupation Service, Presently Working As Servant At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o Village Faraswani Vaya Champa, District Korba, Chhattisgarh

5. Ajay Kumar Sonwani S/o D.R.Sonwani, Aged About 38 Years Occupation Service, Presently Working As Lab Technician At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o Saraswati Kunj, Phase-1, Abhishek Vihar B-3, Mangla, Bilaspur, Chhattisgarh

6. Balakrishna Tiwari S/o Chintamani Tiwari, Aged About 40 Years Occupation Service, Presently Working As Lab Attendant At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o Panchsheel Nagar, Nayapara, Ward No.01, Durg, District Durg, Chhattisgarh

7. Charan Singh S/o Ram Pyare Tandon, Aged About 31 Years Occupation Service, Presently Working As Sweeper At Chhattisgarh Institute Of Medical Science, Bilaspur, Chhattisgarh, R/o Village Risda, Tahsil Masturi, District Bilaspur, Chhattisgarh

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Chhattisgarh Institute Of Medical Science, Bilaspur Through Its Dean, Chhattisgarh Institute Of Medical Science, Sadar Bazar, Bilaspur, Chhattisgarh ---- Respondent And WPS No. 6461 Of 2017

1. Shailendra Singh Rawat S/o Shri Mohan Singh Rawat, Aged About 33 Years R/o C -15, Neharu Nagar, Police Station Civil Lines, District Bilaspur, Chhattisgarh.

Vs

1. Chhattisgarh Institute Of Medical Sciences (C I M S) Through Dean, Sadar Bajar, Police Station City Kotwali, Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh.

2. State Of Chhattisgarh, Through Secretary, Medical Education, Mahanadi Bhawan, Naya Raipur, Police Station Naya Raipur, Civil And Revenue District Raipur, Chhattisgarh.

---- Respondent And WPS No. 6458 Of 2017

1. Ashok Kumar Yadaw S/o Shri Ram Lochan Yadaw Aged About 36 Years R/o E W S 131 , Deendayal Colony Mangala Bilaspur Police Station Civil Lines District Bilaspur Chhattisgarh. Vs

1. Chhattisgarh Institute Of Medical Sciences (C I M S) Through Dean , Sadar Bajar Police Station City Kotwali Bilaspur Civil & Revenue District District Bilaspur Chhattisgarh.

2. State Of Chhattisgarh Through Secretary Medical Education, Mahanadi Bhawan Naya Raipur Police Station Naya Raipur Civil And Revenue District Raipur Chhattisgarh.

---- Respondent And WPS No. 6459 Of 2017

1. Pritima Burman W/o Shri Jeewan Lal Burman, Aged About 39 Years R/o Ward No. 12, Ramnagar, Baloda, District Janjgir Champa Chhattisgarh Vs

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

2. Director, Medical Education, Old Nurses Hostel, Raipur District Raipur Chhattisgarh.

3. Dean, Chhattisgarh Institute Of Medical Sciences, Bilaspur, District Bilaspur Chhattisgarh ---- Respondent For respective Ms. Meena Shastri, Shri Malay Shrivastava & Ms. Petitioners Savita Punjabi, Advocates For Respondent/State Shri Adiraj Surana, Dy. GA, Shri Sangarsh Pandey, Dy.GA & Shri Ashutosh Pandey, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/11/2017 1.

Heard.

2.

Learned counsel for the parties would not dispute that WPS No.3367 of 2017, decided on 27.09.2017 [Khemendra Singh Dhruw v. Chhattisgarh Institute of Medical Sciences (CIMS) and another] was dealing with an identical issue

raised in the present batch of writ petitions, though learned counsel would submit that the said case of Khemendra Singh Dhruw (Supra) was disposed of after submission of reply by the respondents.

3.

The matter pertains to consideration of the petitioners' case for their confirmation upon completion of the period of probation. 4.

Whether or not an employee has satisfactorily completed the period of probation is the exclusive domain of the Appointing Authority and this Court is not going to pass any order for confirmation of any employee on successful completion or otherwise of the probation period.

5.

In view of the order passed by this Court in Khemendra Singh Dhruw (supra), I am not inclined to keep this present batch of petitions pending.

6.

Accordingly, all the writ petitions are disposed of with observation that the respondents shall take decision with regard to the confirmation of the petitioners' services upon successful completion of the period of probation or otherwise, at the earliest, preferably within a period of 04 months from today. Sd/- Judge Prashant Kumar Mishra Gowri