High Court Of ChhattisgarhWPS/2672/2015disposed off

Manik Das Panariya v. State Of Chhattisgarh

2015-08-06Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2672 of 2015 • Manik Das Panariya S/o Shri R.D. Panariya Aged About 48 years Executive Engineer, (Civil) In Charge Deputy Commissioner Chhattisgarh Housing Board, Head Quarter Shankarnagar, P.S. Shankar Nagar, Revenue And Civil District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Awas Evam Paryavaran Vibhag, Mahandi Bhawan, Mantralaya Naya Raipur Chhattisgarh

2. Commissioner Chhattisgarh Housing Board Head Quarter Shankar Nagar P.S. Shankar Nagar Revenue And Civil District Raipur Chhattisgarh

3. Hemant Kumar Verma Aged About 51 Years Deputy Commissioner (Civil) Chhattisgarh Housing Board, Head Quarter Shankarnagar, P.S. Shankarnagar, Revenue And Civil District Raipur Chhattisgarh ---- Respondent For Petitioner : Shri NK Malviya, Advocate.

For Respondent/State : Shri PK Bhaduri, Govt. Advocate. For Respondent No.2 : Shri Prakash Tiwari, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/08/2015

1. Learned counsel for the petitioner would submit that persons junior to the petitioner have been promoted and the petitioner's representation is not considered.

2. It appears, after issuance of the order dated 25.9.2014, the petitioner has

preferred representation on 13.10.2014 (Anneuxre-P/3) which has not yet been considered.

3. Shri Tiwari, learned counsel for respondent No.2 would submit that the petitioner did not secure the required benchmark, therefore, he has not been promoted.

4. Be that as it may, since the persons junior to the petitioner have been promoted, the competent authority of the respondents should have considered the representation so that the petitioner is aware as to on what ground he has been superseded.

5. For the foregoing, the writ petition is disposed of with a direction that in the event the petitioner prefers fresh representation before respondent No.1 and/or respondent No.2 within a period of one month from today, the concerned competent authority shall decide the representation, on its own merits, by a speaking order, at the earliest, preferably within a period of 3 months from the date of receipt of representation. Sd/- Judge (Prashant Kumar Mishra) Barve