Amit Kumar Yadav v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 4213 of 2021

1. Amit Kumar Yadav S/o Shri Roop Ram Yadav Aged About 27 Years Presently Working As Peon, O/o. Sub - Divisional Officer, Rural Engineering Service, Sub - Division - Ramanujnagar, District - Surajpur Chhattisgarh.

---Petitioner(s)

Versus

1. State of Chhattisgarh Through - The Secretary, Department of Panchayat and Rural Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur Chhattisgarh.

2. Engineer - In - Chief, Rural Engineering Service, Vikas Bhawan, Civil Lines, Raipur Chhattisgarh.

3. Krishna Prasad Yadav, Rural Engineering Service, Sub - Division - Rural Engineering Service, Sub - Division - Balrampur, District - Balrampur Chhattisgarh.

---Respondents For Petitioner :

Shri Raj Shengale under instructions of Shri N Naha Roy, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 12.08.2021 1.

The present writ petition has been filed aggrieved of the order dated 20.07.2021 passed by the respondent No.3 whereby juniors to the petitioner have been promoted to the post of Assistant Grade-III ignoring the claim of the petitioner inspite of being senior.

2. The contention of the petitioner is that the reasons for not considering the claim of the petitioner for promotion was that his qualification of having passed 12th examination and further higher qualification that he possesses have not been entered in his service excerpts. Therefore when the candidates were called for promotion the petitioner got left out. It is the further contention of the petitioner that in case if his qualification would had already been mentioned the petitioner would have been considered for promotion along with the private respondent who is a junior person but for

-2his qualification being reflected in the service excerpts he could get advantage over and above the petitioner.

3. According to the petitioner he has repeatedly approached the respondent authorities by way of representation against his grievance of upgrading his service excerpts by entering all the requisite qualifications that the petitioner possesses, but till date there has been no progress or action on the said representation.

4.

Given the said facts and circumstances of the case, the writ petition at this juncture stands disposed of directing the respondent No.2 to immediately consider the representation of the petitioner and to decide the same in accordance with law and also consider the claim of the petitioner as to whether he would had been eligible for promotion along with the respondent No.3 when promotion orders were issued on 20.07.2021. Let appropriate decision be taken in this regard by the respondent No.2 at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder