Shiv Shankar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3393 of 2021 Shiv Shankar Singh S/o Late Swaroop Singh Aged About 43 Years Presently Posted Assistant Director, Agriculture, Baikunthpur, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2.

Director, Agriculture Krishi Vikas Bhawan, Sector-19, Naya Raipur, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3.

Deputy Director Agriculture, Baikunthpur, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ----Respondents For Petitioner :

Mr. Hemant Kesharwani, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/07/2021 1.

The grievance of the petitioner in the present writ petition is the inaction on the part of the respondents in not considering the regularization of the petitioner on the promotional post of Assistant Director, on which post the petitioner was granted adhoc promotion as early as on 16.09.2003.

2.

According to the petitioner, his colleagues who were promoted along with him on adhoc basis have in due course of time been regularized on the promoted post of Assistant Director and they are also being considered for further promotion. However, the petitioner was not considered for regularization on the post of Assistant

Director on account of a criminal case which was pending against him before the Judicial Magistrate First Class, Mungeli. The said criminal case finally has got decided and vide judgment dated 30.10.2018 the petitioner stands acquitted from all the charges leveled against him, thereafter the respondent authorities ought to have considered the claim of the petitioner for promotion. Having not done so, the petitioner is being put to great loss so far as the actual benefits which the petitioner otherwise would be entitled for on getting regular promotion.

3.

The learned State counsel submits that the representation (Annexure P/6) of the petitioner is still under consideration before the respondent authorities concerned, and therefore the same be ordered to be decided in accordance with law at the earliest. 4.

Given the said facts and circumstances of the case, the writ petition stands disposed of directing the respondents to take an appropriate decision at the earliest preferably within a period of 90 days from the date of receipt of the copy of this order. Let an appropriate decision be taken in accordance with the Rules governing the field. 5.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved