Balvant Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1685 of 2017

1. Balvant Singh Thakur S/o Shri Jagdish Singh Thakur, Aged About 46 Years R/o Kanha Kunj Mana Basti, Naya Raipur, District Raipur Chhattisgarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Chief Secretary General Administration Department Mahanadi Bhawan, Naya Raipur Chhattisgarh, Chhattisgarh

2. State Of Chhattisgarh, Through Secretary General Administration Department Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. State Of M. P., Through Principal Secretary General Administration Department Ballabh Bhawan, Bhopal Madhya Pradesh, District : Bhopal, Madhya Pradesh

4. Shri Shabir Ali, S/o Nadir Khan, Post Assistant Grade- I, R/o General Administration Department Mantralay, Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

5. Parmanand S/o Rajje Singh Post Assistant Grade- I, R/o General Administration Department Mantralay, Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh ----Respondents For Petitioner :

Shri Pawan Kesharwani, Advocate.

For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 31.08.2021

1. The petitioner in the present writ petition has now moved an application

i.e. I.A. No. 02 of 2021 which is for disposal of writ petition in the light of certain note sheets, which have been moved in the department referring to those documents i.e. the note sheet dated 24.01.2020.

2. Counsel for the petitioner submits that perhaps the respondents have decided to consider the case of the petitioner for promotion, however the department was reluctant for further processing the case only on account of the pendency of the present writ petition.

3. Accordingly, the Counsel for the petitioner therefore prays that the writ petition as of now be disposed of directing the respondents to proceed further with the promotion process and to grant the petitioner promotion, if he is otherwise entitled for the same under the rules and regulations governing the field and the judicial pronouncement on the issue involved.

4. Learned counsel for the State does not have any objection, if the writ petition is disposed of. However, the State Counsel submits that let there be a rider that the claim of the petitioner shall be considered strictly in accordance with the promotion rules and on due verification, whether the petitioner fulfills all the eligibility criteria for grant of the said promotion.

5. Given the submission by the Counsel for the parties, the writ petition as of now stands disposed of directing the respondents to consider and take an appropriate decision on the claim of the petitioner for promotion, taking into consideration the note sheet of the Department dated 24.01.2020, subject to due verification of facts so far as the eligibility criteria applicable for the said promotion and also on due

verification of facts whether the petitioner fulfills all other eligibility criteria.

6. With the aforesaid observation, the present writ petition accordingly stands disposed of.

Sd/- P. Sam Koshy Judge J-