Ashok Shrivasan v. The Municipal Corporation Raipur

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 2146 OF 2021 • Ashok Shrivasan, S/o Late B. P. Shrivasan, aged about 56 years, working as Upper Division Teacher at Vivekanand High School, Pandari, District Raipur, Chhattisgarh.

... Petitioner versus 1.

The Municipal Corporation, Raipur, through its Commissioner, H.Q. Kalibadi, Raipur, District Raipur (CG) 2.

The Commissioner, Municipal Corporation, Raipur, H.Q. Kalibadi, Raipur, District Raipur (CG) 3.

Shri Ramdev Verma, Lecturer (Economics), Nivedita Kanya Hr. Sec. School, Nagar Palika Nigam, Rathour Chowk, Raipur, District Raipur (CG) ... Respondents For Petitioner :

Mr. Rajesh Kumar Kesharwani, Advocate.

For Respondents No.1 & 2 :

Mr. Sandeep Dubey, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board /03/2021 1.

Challenge in the present Writ Petition is to the Order dated 15.3.2021, Annexure P-1, whereby the Respondents No. 1 & 2 have issued an order of promotion to the post of Lecturer (Economics) 2.

Grievance of Petitioner is that the Petitioner is senior to Respondent No.3, however, ignoring the seniority the Respondent authorities have issued the said promotion order in favour of Respondent No.3. 3.

Perusal of record would show that Petitioner till date has not raised any objection/representation before the Respondent authorities before filing of the present Writ Petition.

4.

Under the circumstances, the Petitioner is directed make an appropriate representation/objection in respect of Annexure P-1, dated 15.3.2021, before Respondents No. 1 & 2 who in turn are directed to consider and decide the same on its own merits, in accordance with law, at the earliest, preferably within a period of 90 days from the date of receipt of representation. 5.

It is expected that before taking any decision, the Respondents authorities shall grant due opportunity of hearing to Respondent No.3 as well as he would be the affected person.

6.

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