← Library
High Court Of ChhattisgarhMCC/573/2016disposed off

Dr. Smt. Meena Gupta v. State Of Chhattisgarh

2016-09-15Hon'Ble Shri Justice Manindra Mohan Shrivastava3 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 573 of 2016

1. Dr. Smt. Meena Gupta W/o Shri Rakesh Gupta, Aged About 61 Years Presently Posted As Librarian, Government Sanskrit College, G.E.Road, N I T Campus, Raipur, Chhattisgarh

2. Dr. Sunil Soni S/o Shri I.P.Soni, Aged About 45 Years Presently Posted As Librarian, Dr. Khubchand Baghel Government P G College, Bhilai-3, Chhattisgarh

3. Dr. Subodh Singh S/o Late Shri George Singh, Aged About 56 Years Presently Posted As Librarian, Indira Gandhi Government Arts, Commerce And Science College, Vaishali Nagar, Bhilai, District Durg, Chhattisgarh

4. A.H. Quraishi S/o Shri A.B. Quraishi, Aged About 52 Years Presently Posted As Librarian, Satyanarayan Agrawal Government College Tilda-Neora, District Raipur, Chhattisgarh

5. Yashwant Kumar Bahirath S/o Shri A.R. Bahirath, Aged About 57 Years Presently Posted As Librarian, Government College Arjunda, Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh, Through its Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Naya Rapur, District Raipur, Chhattisgarh

2. Commissioner, Department Of Higher Education, Government Science College Campus, Raipur District Raipur, Chhattisgarh

3. Vinod Ahirwar S/o Shri R.K. Ahirwar, Aged About 44 Years Presently Posted As Librarian, Government V Y T College, Durg, Chhattisgarh

4. Smt. Jyoti Jha W/o Shri Rajat Kumar Jha, Aged About 54 Years Presently Posted As Librarian, Dr. Radha Bai Government Naveen Kanya Mahavidyalaya, Purani Basti, Mathpara, Raipur, Chhattisgarh

5. Dr. Laxman Sahu S/o Shri Sukhav Ram Sahu, Aged About 48 Years Presently Posted As Librarian, Government Bagbahara, Chhattisgarh

6. Smt. Sapna Mukherjee W/o Shri Kalyan Kumar Mukherjee, Aged About 50 Years Presently Posted As Librarian, Government J.P.Verma P.G. College, Bilaspur, Chhattisgarh

-27. University Grants Commission, through its Secretary, Bahadur Shah Zafar Marg, New Delhi 110002 ---- Respondents For Applicants :

Shri P. Acharya, Advocate For State :

Shri D.R. Minj, Dy. Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/09/2016 Heard on admission.

1. This application has been moved by the applicants seeking a modification of the earlier order in so far as the period of consideration of claim is concerned.

2. Learned counsel for the applicants submits that though this Court vide order dated 26.4.2014, directed the respondent-State to consider petitioners' case and take appropriate decision on their claim for consideration of career growth scheme in the light of the judgment of the Supreme Court in the case of Food Corporation of India & Ors. Vs. Parashotam Das Bansal & Ors. (2008) 5 SCC 100, no decision has been taken by the respondents till date even though more than 2 years have elapsed.

Therefore, in these circumstances, it is prayed that a time bound direction be given to the State.

3. It is found that this Court had disposed off the petition filed earlier by the applicants on 26.4.2014. Even though there was no time limit prescribed, the respondents were obliged to take a decision in the matter in compliance of the direction of the Court within a reasonable time. It is unfortunate that even after lapse of 2 years, respondents have slept over the matter, which perilously borders contempt. It appears that no heed has been paid to the order of the Court by the respondents. This kind of attitude is highly objectionable. There could be no reason for not taking any decision even after a period of 2 years.

-3This Court condemns it.

4. Therefore, in these circumstances, I am inclined to issue categoric direction to respondent No.1 to consider the matter as per the direction of this Court passed on 26.4.2014 and decide the matter within an outer limit of 90 days from the date of receipt of copy of this order.

5. With the observation and direction as above, the application (MCC) is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen