Jitendra Prasad Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 449 OF 2017 • Jitendra Prasad Patel, S/o Chandrapal Singh Patel, aged about 51 years, presently posted and working as Lecturer (Geography), Govt. Girls High School, Chandrapur, Block Dabra, District Janjgir-Champa (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (CG) 2.

Director, Directorate of Public Instructions, Chhattisgarh, Block 3, First Floor, Indravati Bhawan, Naya Raipur, District Raipur (CG) 3.

District Education Officer, Raigarh, District Raigarh (CG) 4.

Principal, Govt. Girls High School, Chandrapur, Block Dabra, District Janjgir-Champa (CG) ... Respondents For Petitioner :

Mr. Dhani Ram Patel, Advocate.

For Respondent/State :

Mr. Rahul Jha, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28/06/2021 1.

Aggrieved by the action on the part of Respondents in not considering the Petitioner for promotion to the post of Lecturer (Geography) and at the same time similarly placed persons already being granted promotion with effect from 19.6.2012, the present Writ Petition has been filed by Petitioner. 2.

The present Writ Petition was filed in the year 2017. Though notices have been issued to Respondents, but no reply has been filed till date. 3.

Pending the Writ Petition, the Petitioner has moved an application for taking certain documents on record through I.A. No.1 which refers to a document dated 27.11.2017 whereby the District Education Officer, Raigarh has written a letter to the Director, Directorate of Public Instructions, Chhattisgarh, stating that when the promotions were being granted vide Order dated 19.6.2012 the name of Petitioner got inadvertently left out and that he is otherwise eligible and entitled to be considered for promotion.

4.

Given the said recommendation by Respondent No.3 - District Education Officer, Raigarh to Respondent No.2 - Director, Directorate of Public

Instructions, Chhattisgarh, this Court is of the opinion that ends of justice would meet if the present Writ Petition is disposed of at this juncture directing the Respondents No. 2 & 3 to immediately look into the grievance of Petitioner so far as his seniority is concerned and also take into account the letter of Respondent No.3, dated 27.11.2017, wherein it has been reflected that the name of Petitioner has got inadvertently left out while others were being considered for promotion.

5.

Let appropriate decision be taken by Respondents No.2 & 3 in this regard, at the earliest, preferably within a period of 90 days from the date of receipt of copy of this Order.

6.

Writ Petition accordingly stands disposed of with the above directions. Sd/- (P. Sam Koshy) Judge sharad