Arvind Kumar Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) No. 2651 of 2019 Arvind Kumar Mishra S/o Late Shri Chandralal Mishra, Aged About 62 Years, Mali Regular (Retd.), Government Udyan Ropni Aheri, Dhamdha, District - Durg, R/o Ward No.5, Bus Stand Ahiwara, Tahsil Dhamdha, District - Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Biological Technology, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur District - Raipur Chhattisgarh

2. Director, Directorate Horticulture And Region Forest, Indrawati Bhawan, 2nd Block, 4th Floor, Naya Raipur, District - Raipur Chhattisgarh

3. Assistant Director, Horticulture, Durg, District - Durg, Chhattisgarh

4. Horticulture Superintendent, Shashkiya Udyan Ropni Aheri, Block Dhamdha, District - Durg Chhattisgarh ... Respondent(s) For Petitioner :

Shri K.S. Pawar, with S. K.

Kushwah, Advocate.

For State :

Shri P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.04.2019

1. The limited grievance which the petitioner has raised in the present writ petition is promotion from the post of Mali to the Post of Gramin Uddyan Vistar Adhikari.

2. According to the petitioner, the D.P.C, in this regard, has already been convened and the petitioner has also been found eligible for

promotion and the matter has further processed for issuance of order of promotion. That the matter is now pending consideration before the respondent No. 1 for quite some time and a formal order only has to be passed.

3. Contention of the counsel for the petitioner is that after recommendations were made by the DPC, the petitioner has superannuated from service w.e.f. 30.06.2018. He submits that in case the recommendations of the DPC are acted upon and the petitioner is found eligible, the retiral dues payable to the petitioner may be enhanced. Therefore, the petition has been filed seeking for appropriate direction in this regard.

4. Given the limited nature of dispute that the petitioner has raised, this Court is of the opinion that ends of justice would meet if the respondent No. 1 is directed to pass an appropriate order within a period of 90 days from the date of receipt of copy of this order. So far as the promotion of the petitioner from the post of Mali to the post Gramin Uddyan Vistar Adhikari is concerned, it shall be the responsibility to the petitioner to apprise respondent No. 1 so far as the order passed by this court is concerned.

5. With the aforesaid direction, the present writ petition stands disposed off Sd/- (P. Sam Koshy) Judge Khatai