Rajesh Kumar Ekka v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3150 of 2019

1. Rajesh Kumar Ekka S/o Khakloo Ekka Aged About 48 Years Working As Dispensary Servant, Govt. Ayurved Dispensary Udari, Block Lundra, District- Surguja, Chhattisgarh

2. Dhansay S/o Late Premsay Aged About 52 Years Working As Dispensary Servant, Govt. Ayurved Dispensary Krishnapur, Block Ramanujnagar, District- Surajpur, Chhattisgarh

3. Ramdhan Singh S/o Shri Sadhuram Aged About 54 Years Working As Dispensary Servant, Govt. Ayurved Dispensary Jainagar, Block Surjpur, District- Surajpur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Helath And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh

2. The Director Ayurved Yoga And Natural Medicine Unani, Siddh And Hoemopathy (Ayush) Chhattisgarh, Indravati Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh

3. The District Ayurved Officer Ambikapur, District- Surguja, Chhattisgarh

4. The District Ayurved Officer Surajpur, District- Surajpur, Chhattisgarh Respondents For Petitioners :

Mr. Harish Kuntiya, Advocate For State :

Mr. Saleem Kazi, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 30/04/2019

1. The grievance of the petitioners in the present writ petition is that the petitioners have been working with the respondents as Class-IV

-2employee on the post of Dispensary Servant Since last more than 25 years but till date they have not been considered for promotion in the Class-III category.

2. According to the petitioners in course of time the respondents have granted promotion to other similarly placed persons and many of whom even juniors to the petitioners in service. According to the petitioners, they otherwise fulfill all the eligibility criteria required for promotion from Class-IV to Class-III and there are vacancies still available in the Department and therefore the case of the petitioners be also considered in this regard.

3. Given the facts and circumstances of the case, this Court is of the opinion that ends of justice would meet if the respondent No. 2 is directed to consider the grievance of the petitioners and also consider the representations of the petitioners if any pending. While deciding the same, the respondent No. 2 shall specifically take into consideration the date of appointment of the petitioners and also scrutinize as to why the petitioners have been left out in the past and juniors to the petitioners have been granted promotion.

4. Let a decision be taken by respondent No. 2 within a period of 90 days from the date of receipt of copy of this order. In addition, the petitioners would be entitled to make fresh representation within a period of two weeks from today.

5. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit/Rahul