Y.P.Sharma v. State Of Madhya Pradesh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 184 of
1. Y. P. Sharma S/o Shri D. P. Sharma, Aged About 44 Years, R/o Village Dhour, P.O. Nardha, Jamul Cement Company Limited, Tehsil And District Durg, Occupation Forester, Chhuikhadan Range, Kheradarh Forest Division, Rajnandgaon, Chhattisgarh
2. Suresh Kumar Sharma S/o Shri Vishnu Prasad Sharma, Forester, Gandai Range, District Rajnandgaon, Chhattisgarh
3. A. K. Sharma (Since Deceased) Through His Legal Representative Smt. Shashi Sharma, W/o Late Shri A.K. Sharma, R/o Street No. 2, Chanakya Gurukul, Ravi Gram, Telibandha, Raipur 492001 Chhattisgarh
4. Abhiram Sahu S/o Shri Kapilnath Sahu, Forester, Duperpali Forest Range, Mahasamund, District Raipur, Chhattisgarh
5. Mehtre Ram Yadav S/o Sonuram Yadav, Forester, Gawapaur Forest Range, Kheragarh, District Rajnandgaon, Chhattisgarh
6. B. R. Sahu Forester, Chhuikhadan Forest Range, Kheragarh, Rajnandgaon, Chhattisgarh
7. D. D. Mishra S/o Shri D. P. Mishra, Forester, Chirchari Forest Range, Rajnandgaon, Chhattisgarh
8. Mohd. Shafiq Qureshi, Forester, Kheragarh Forest Range, Rajnandgaon, Chhattisgarh
9. Ejaj Khan S/o Shajad Khan, Forester, Dongargarh Forest Range, Rajnandgaon, Chhattisgarh 10.
Ramprakash Agrawal S/o Shri M.L. Agarwal, Forester, Dongargarh Forest Range, District Rajnandgaon, Chhattisgarh 11.
Narendra Chandra Jain S/o Nanak Chandra Jain, Forester, Dongargarh, Plantation Division Durg, Dongargarh, Rajnandgaon Chhattisgarh 12.
Sudhir Kumar Shrivastava S/o Shri Baijnath Shrivastava, Forester, Dongargarh (West) Production Circle Kheragarh, Rajnandgaon Chhattisgarh ---- Petitioners
Versus
1. State Of Madhya Pradesh Through The Secretary, Forest Department, Govt. Of Madhya Pradesh, Vallabh Bhavan, Bhopal
2. Principal Chief Conservator Of Forest, M.P. Satpura Bhavan, Bhopal
3. Conservator Of Forest, Durg Circle, Maharashtra Building, Deepak Nagar, Durg
4. State Of Chhattisgarh, Through Its Principal Secretary, Department Of Forests, Ministry Of Forests And Environment, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioners :
Shri Kashif Shakeel, Advocate For State :
Shri D. Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 04.10.2018 Though the writ petition has been filed claiming various reliefs, down the line pending the petition before this Court much development has taken place. At this juncture, counsel for the petitioners makes a prayer that the writ petition may be disposed of giving liberty to the petitioners to approach respondent no.4 by moving an appropriate representation claiming seniority over and above the less meritorious candidates who have been granted promotion ahead of the petitioners.
2.
State counsel does not oppose the said prayer. 3.
Given the facts, let the petitioners make a representation in this regard to respondent no.4 within a period of 4 weeks from today and on such representation being made, respondent no.4 shall scrutinise the claim of the petitioners from the records available with the department and compare the same with the persons who have been promoted ahead of the petitioners on the post of Deputy Ranger from the post of Forester and all subsequent promotions. Thereafter an appropriate speaking order be passed within a period of 4 months from the date of receipt of
representation of the petitioners.
4.
It is expected that the respondents shall objectively consider and decide the case of the petitioners. If the petitioners are found entitled for the claim that they have raised, appropriate monetary benefits post retirement be given to the petitioners. So far as the benefits which they would be entitled while in service that would be granted by giving notional benefits.
5.
Needless to mention that this Court has not expressed any opinion on the merits of the case. It is further made clear that if the petitioners are dissatisfied with the decision of the respondents, they would be at liberty to challenge the same.
Sd/- P. Sam Koshy Judge Bhola