S.C.Sharma v. State And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2218 of 2005 S.C. Verma, Assistant Training Officer (Senior) Industrial Training Institute, Korba, C/o K.C. Sharma, H.No.238, Bharat Nagar, Piplani, Bhopal-22 ---- Petitioner
Versus
1. State of M.P. through Secretary, Schedule Tribes, Schedule Caste and Backward Welfare Department, Vallabh Bhawan, Bhopal
2. Commissioner, Tribal Welfare, M.P. Satpura Bhawan, Bhopal
3. Principal, I.T.I. Korba, District Bilaspur
4. State of Chhattisgarh through Secretary, Schedule Tribes & Schedule Caste Welfare, Mantralaya, Raipur (CG) ---- Respondents For Petitioner :
Mr.Prateek Kumar Singh, Advocate For Res.No.3 and 4 :
Mr.D.R. Minz, Dy.G.A.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 9/1/2018
1. Learned counsel for the petitioner would submit that the petitioner's representation for correction of seniority list of Senior Instructor (Moulder) has been rejected by order dated 1.4.94 as well as 19.11.97 by unreasoned and non-speaking order, which shows that there is no application of mind. Therefore, the impugned order deserves to be set aside.
2. On the other hand, learned Deputy Government Advocate for respondents No.3 and 4 would support the impugned order.
3. A careful perusal of the order dated 1.4.94 and 19.11.97 would show that his representation for correction in seniority list has been rejected by unreasoned and non-speaking order, whereas the representation of the petitioner shows
that he has raised certain factual issues which require consideration.
4. Accordingly, the impugned order dated 19.11.97 (Annexure A/1) is set aside. Respondent No.4 is directed to consider the representation of the petitioner against seniority list afresh after hearing the parties and pass a reasoned and speaking order as early as possible preferably within a period of three months from the date of receipt/production of a copy of this order.
5. The writ petition is allowed to the extent indicted hereinabove. No cost(s). Sd/- (Sanjay K. Agrawal) Judge B/-