Umashankar Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3604 of 2021 Umashankar Ram S/o Late Boya Ram, Aged About 53 Years Presently Working As Executive Engineer (Civil) Water Resource Department (Ramanujganj), Division-2, Ramanujganj, DistrictBalrampur- Ramanujganj, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Water Resource Department, Mantralaya Capital Complex, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh

2. Engineer In Chief, Water Resource Department Chhattisgarh, Shivnath Bhawan, Narth Block Sector-19, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh

3. Chief Engineer, Hasdev Ganga Kachhar Water Resource Department, Ambikapur, District- Surguja, Chhattisgarh ---- Respondents For Petitioner :

Mr. A. K. Yadav, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14/07/2021

1. The relief sought by the petitioner in the present writ petition is for an appropriate direction to the respondents for preparation of the seniority list for the post of Executive Engineer showing the seniority as on 01.04.2020 and for all the subsequent years. Further prayer of the petitioner is to ensure that the DPC which is likely to be convened for promotion to the post of Superintendent Engineer is convened taking into consideration a properly prepared seniority list and the

rules governing the field as on date and also the circulars which have been issued by the State Government from time to time.

2. To this limited relief so far as the preparation of seniority list is concerned, the State counsel does not have any objection. As regards second relief is concerned, the State counsel submits that it is otherwise also incumbent upon the authorities to ensure that any promotion/recruitment process that is to be convened or initiated has to be purely in accordance with the laws governing the State.

3. Given the said submissions by the counsel for the parties, the writ petition at this juncture stands disposed of directing the respondent authorities to ensure that the seniority list which has not been prepared for a couple of years be prepared so far as the post of Executive Engineer is concerned. Any further promotion from the post of Executive Engineer to Superintendent Engineer be done strictly in accordance with the rules governing the field.

4. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioner for any further promotion is concerned.

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

Sd/- (P. Sam Koshy) Judge Khatai