Shailesh Kumar Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 2543 OF 2021 • Shailesh Kumar Pandey, S/o Shri B.K. Pandey, aged about 49 years, Occupation- Excise Constable, Office of Sub Inspector Excise, Circle Jagdalpur, R/o Jagdalpur, District Bastar (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Excise, Commerce and Tax, Mahanadi, Mantralaya, Naya Raipur, District Raipur (CG) 2.

Commissioner, Officer of Commissioner Excise Chhattisgarh, Mantralaya, Naya Raipur, District Raipur (CG) 3.

Assistant Commissioner Excise, Jagdalpur, District Bastar (CG) 4.

District Excise Officer, Office of District Excise Officer, Jagdalpur, District Bastar (CG) ... Respondents For Petitioner :

Mr. Abdul Wahab Khan, Advocate.

For Respondents/State :

Ms. Akanksha Jain, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/06/2021 1.

Petitioner, after having entered employment under Respondents, met with a road accident on 26.2.2018. As a result of injuries sustained by him in the said accident, he has suffered 52% of disability and for which he has also been issued with a Disability Certificate from the competant Medical Board. 2.

The limited grievance that Petitioner has is that, now when he is a disabled person with 52% of disability, as and when the promotion process is initiated by Respondents, the Petitioner, who is presently posted as Constable in the Excise Department, may be considered for promotion to the next promotional post of Head Constable in the Department.

3.

According to Petitioner, he has already made a detailed representation to Respondents No.1 & 2 vide Annexure P-3, but the same is pending till date. 4.

Learned State Counsel submits that, let the Authorities consider the representation of Petitioner in accordance with the rules & regulations and the guidelines framed by the State Government in this regard. 5.

Given the said submission, the matter at this juncture is disposed of directing Respondents No.1 & 2 to take a decision on the representation that Petitioner has made, within a period of 60 days from the date of receipt of copy of this order. In addition, the Petitioner would also be entitled to file a fresh detailed representation supported with all relevant documents. 6.

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