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High Court Of ChhattisgarhWPS/4800/2017dismissed

Sukhnandan Kolhapure v. State Of Chhattisgarh

2017-10-12Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4800 of 2017 • Sukhnandan Kolhapure S/o Shri Dev Singh, Aged About 42 Years Working On The Post Of Security Guard At C.G. Vidhan Sabha Secretariat, Zero Point Raipur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Chhattisgarh Vidhansabha Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh

2. Additional Secretary Chhattisgarh Vidhansabha Secretariat, Chhattisgarh Vidhansabha Sachivalay Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri F. S. Khare, Advocate For Respondent/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/10/2017 Heard.

1.

This petition has been filed by the petitioner assailing legality and validity to the action of the respondents, by which, the petitioner has been degraded in the list of seniority, as a consequence thereof, extended the period of probation vide order dated 19-09-2006.

2.

Number of grounds have been urged in the petition to claim that the petitioner ought to be granted seniority from the original date and proper seniority is to be given in the Gradation list issued on 01-04-2013. In the considered opinion of this Court, the petition is liable to be dismissed on the ground of delay and laches. The order extending the period of probation of the petitioner was passed way back in the year 2006. The petitioner did not challenge the said order, as a consequence thereof, probation period of the petitioner was extended. On 07-11-2007, probation of the petitioner came to an end and he was confirmed. The date of confirmation did not

restore original seniority to the petitioner. The petitioner did not challenge the same. Gradation list was issued on 01-04-2013 granting seniority on the basis of extended probation and belated confirmation. The petitioner, after issuance of gradation list, has filed this petition after four years.

3.

In view of above, the petition is liable to be dismissed and is accordingly dismissed in limine.

SD/- (Manindra Mohan Shrivastava) Judge Tumane