Avinash Charndra Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4566 of 2021

1. Avinash Chandra Dewangan S/o Late Shri R. N. Dewangan Aged About 61 Years Post (Assistant Engineer, P. H. E. Sub Division Bhatapara, District Baloda Bazar, Chhattisgarh) R/o Agroha Colony, Raipura Raipur District Raipur Chhattisgarh

2. K. P. Sharma S/o Late Shri K. P. Sharma Aged About 61 Years Post (Assistant Engineer, P. H. E. Sub Division Gariyaband, R/o H. No. 4/896, Shanti Vihar Colony, Daganiya, District Raipur Chhattisgarh

3. B. K. Mehar S/o Shri P. N. Mehar Aged About 61 Years Assistant Engineer, P. H. E. Sub Division Takhatpur, District Bilaspur, Chhattisgarh) R/o R/o H. No. 38, Guruvihar Colony, Sarkanda, District Bilaspur Chhattisgarh

4. S. K. Shukla S/o Late Shri K. N. Shukla Aged About 60 Years Post Incharge Executive Engineer, Division Kabirdham, District Kabirdham Chhattisgarh R/o R/o Ward No. 5, Nehru Nagar, District Bilaspur Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Public Health Engineering, Mahanadi Bhawan, Ministry, Atal Nagar, New Raipur District Raipur Chhattisgarh

2. The Engineer-in-Chief Department Of Public Health Engineering, Indrawati Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh

3. The Secretary Chhattisgarh Public Service Commission, Shakar Nagar Road, Bhagat Singh Square, Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. A. K. Dewangan, Advocate.

For State :

Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 01/09/2021

1. The grievance of the petitioner seems to be the alleged leaving out of the petitioners from the zone of consideration for promotion for the post of Executive Engineer.

2. According to the petitioners, they are senior most Assistant Engineers in the department and are on the verge of retirement and that petitioners are all entitled for promotion to the post of Executive Engineer and petitioners

-2fulfill all eligibility criteria also. Learned counsel for the petitioners submits that as of now the department has initiated promotion process for filling up of the post of Executive Engineer but they have received information that petitioners as such would not be considered for promotion and for which the petitioners have already by way of a representation dated 25.01.2021 and again on 02.08.2021 approached the respondent authorities asking them to consider the case of the petitioners also for promotion.

3. Without entering into the merits of the case and also without expressing any opinion, the writ petition as of now stands disposed of directing the petitioners to approach the respondent no.1 & 2 by way of a fresh representation supported with all relevant documents in addition to the representation that they have made in the past for considering their claim for promotion to the post of Executive Engineer in the promotional process which has already been initiated by the respondents.

4. Let respondent no.1 & 2 take an appropriate decision on the said representation of the petitioner at the earliest preferably within a period of 45 days from the date of receipt of fresh representation by the petitioners. 5.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- P. Sam Koshy) Judge Rohit