Manoj Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4229 of 2020

1. Manoj Kumar Singh S/o Gangoder Singh, Aged About 42 Years R/o Presently Posted As Asst. District Prosecution, Officer Bilaspur Chhattisgarh District : Bilaspur, Chhattisgarh

2. Dharmendra Pratap Singh, S/o Shivendra Pratap Singh, Aged About 40 Years Presently Posted As Asst. District Prosecution, Officer Pratappur, District Surajpur Chhattisgarh.

3. Harandra Kumar Pandey S/o Hari Shankar Pandey Aged About 45 Years Presently Posted As Asst. District Prosecution, Officer Ambikapur District : Surguja (Ambikapur), Chhattisgarh

4. Vipin Kumar S/o Parakh Lal Aged About 37 Years Presently Posted As Asst. District Prosecution, Officer Ambikapur District : Surguja (Ambikapur), Chhattisgarh

5. Kunwar Ratnesh Singh S/o Banshlochan Singh, Aged About 41 Years Presently Posted as Asst. District Prosecution, Officer Mahasamund District : Mahasamund, Chhattisgarh

6. Shipra Jha D/o Y.K. Jha Aged About 43 Years Presently Posted As Asst. District Prosecution, Officer Raipur District : Raipur, Chhattisgarh

7. Sravan Kumar Pandey S/o Ram Abhilash Pandey Aged About 43 Years Presently Posted As Asst. District Prosecution, Officer Gariyaband, District : Gariyabandh, Chhattisgarh

8. Ajay Kumar Sing S/o Rana Pratap Singh Aged About 42 Years Presently Posted As Asst. District Prosecution, Officer Rajnandgaon District : Rajnandgaon, Chhattisgarh

9. Shuscendra Kumar Mishra, S/o Ram Asray Mishra, Aged About 41 Years Presently Posted As Asst. District Prosecution, Officer Keshkal, District Kondagaon District : Kondagaon, Chhattisgarh 10.Arti Gupta W/o Nemish Gupta, Aged About 43 Years Presently Posted As Asst. District Prosecution, Officer Durg, District : Durg, Chhattisgarh 11.Santosh Kumar Rai, S/o Lt. Shri Vansh Bahadur Rai, Aged About 46 Years Presently Posted As Asst. District Prosecution, Officer State Police Academy, Chandkhuri Raipur District : Raipur, Chhattisgarh 12.Ashish Kumar Shrivastava S/o Lt. Ramvali Shrivastava Aged About 40 Years Presently Posted As Asst. District Prosecution, Officer Bilaspur District : Bilaspur, Chhattisgarh 13.Rajiv Kumar Dubey S/o Durga Prasad Dubey, Aged About 43 Years Presently Posted As Asst. District Prosecution, Officer Bilaspur Chhattisgarh District : Bilaspur, Chhattisgarh --- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary, Home Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Director, Directorate of Prosecution, Indravati Bhavan, New Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Chhattisgarh Public Service Commission through Secretary, Chhattisgarh State Public Service Commission Raipur, Shankar Nagar, Raipur, District Raipur Chhattisgarh. --- Respondents For the Petitioners : Mr. T. K. Jha, Advocate For the State/Respondents : Mrs. Richa Shukla, Dy. G.A., Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2020

1. The grievance of the petitioners is that the petitioners are working as Assistant District Prosecution Officers and they were appointed as such vide order dated 12.11.2010 and 17.03.2011 as per the Schedule IV (Rule 14) of C.G. Public Prosecution (Gazetted) Service Recruitment and Promotion Rules 2008. He submits that since they have already completed 8 years on the post of Assistant Distt. Prosecution Officer, they have become eligible for promotion to the next higher post of District Prosecution Officers. He submits that presently 14 posts of District Prosecution Officers are lying vacant all over the State, but after the year 2017 no Departmental Promotion Committee (DPC) was convened. It is further submitted that according to the norms, the meeting of of DPC should be held every year but because of non-convening of DPC, the petitioners are not being considered for promotion. He submits that one of the petitioner has made representation to the Director, Directorate of Public Prosecution and the same may be directed to decided and accordingly the DPC may be convened.

2. Considering the limited prayer made, it is observed that the petitioners, if so

advised, may file fresh representations to respondent no.2 the Director, Public Prosecution within a period of 4 weeks. On such representations being filed, it is directed that the same shall be considered and decided within a further period of 4 months from the date of receipt of such representation(s) in accordance with law which governs their promotional avenues.

3. With the above direction/observation, this writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o