Pradeep Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4201 of 2018 Pradeep Kumar Patel S/o Laxmi Nidhi Patel, Aged About 48 Years, Posted As Revenue Sub Inspector, Municipal Corporation Raigarh, District Raigarh Chhattisgarh.

---Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Urban Administration Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh.

2. Commissioner, Municipal Corporation Raigarh, District Raigarh, Chhattisgarh.

---Respondents For petitioner :

Smt. Hamida Siddiqui, Advocate.

For respondent No.2 :

Shri Pankaj Agrawal, Advocate.

For State :

Shri Syed Majid Ali, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28/06/2018 1.

The grievance of the petitioner in the instant Writ Petition is of nongranting of seniority from the date of his initial appointment with the Panchayat Department.

2.

It is a case where the petitioner was initially appointed in the Panchayat Department. However, since the Panchayat in which the petitioner was working as a Panchayat Secretary came under the Municipal Corporation, the services of the employees working in this Panchayat were absorbed in the Municipal Corporation. However, the petitioner and similarly placed

persons have been granted seniority only from the date of absorption and their earlier services has not been taken into account for granting seniority. 3.

The counsel for the petitioner further submits that, the State counsel itself has vide Annexure-P/4 issued a clarificatory order whereby it is held that the service condition of the petitioner and all similarly placed employees would be same as it was immediately before the absorption of their services with the Municipal Corporation.

4.

She further submits that, the petitioner has made a detailed representation to the respondent No.2 in this regard for redressal of his grievance, but no order as such has been passed. Thus, she prayed for issuance of direction to the respondent No.2 to ensure that the order is passed on the representation of the petitioner pending before the respondent No.2.

5.

The abovesaid prayer is not opposed by the counsel for the respondents.

6.

Accordingly, the present Writ Petition stands disposed off with a direction to the respondent No.2 to ensure that the representation of the petitioner be decided at the earliest preferably within a period of 60 days from the date of receipt of certified copy of this order. 7.

Needless to mention that, in addition to the representation already made, the petitioner again would be at liberty to make a fresh representation within a period of 7 days from today.

8.

The Writ Petition accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE