Nand Kishore Minj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4867 of 2018 Nand Kishore Minj S/o Shri Simon Minj Aged About 49 Years R/o Danteswari Vihar, Near Bajrang Temple, Kondagaon, Tehsil Kondagaon, District Kondagaon, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur, Chhattisgarh.

2. The Chief Engineer, Rural Engineering Services Development Commissioner, Raipur, District Raipur, Chhattisgarh.

3. The Superintendent Engineer, Rural Engineering Services, Bastar Circle Jagdalpur, District Bastar, Chhattisgarh.

4. The District Collector, Kondagaon, District Kondagaon, Chhattisgarh. ----Respondents For Petitioner :

Mr. Ashish Beck, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/07/2018

1. The limited issue raised by the petitioner in the present writ petition is that though he has been promoted as an Executive Engineer from the post of Assistant Engineer vide order dated 31.03.2018 and was also posted at the Rural Engineering Services division at Kondagaon, he has till date not been given the charge of Executive Engineer and the work of the Executive Engineer is being discharged by the Assistant Engineer.

2. Considering the nature of relief sought for by the petitioner, this Court does not intend to keep the petition pending by admitting the same. The admitted facts from the contents of the writ petition as it reflects is that the petitioner undoubtedly stood promoted vide order (Annexure P/1)

dated 31.03.2018. Though he has joined the duty as an Executive Engineer, but for the reason best known, the higher authorities in the department has not till date given the charge of the Executive Engineering of the division to the petitioner and the charge of the division is still being discharged by an officer, who is lower in rank than the petitioner. This seems to be with some oblique intentions or for malafide purpose.

3. Let this matter be considered and scrutinized by the respondent No.2 and an appropriate order be passed within a period of 3 weeks from the date the order of this Court is placed before the respondent No.2 for taking a decision as far as the granting of charge is concerned.

4. It shall be the responsibility of the petitioner to appraise the respondent No.2 so far as the order passed by this Court is concerned.

5. Reserving the right to approach this Court, in case, if need so arises on any subsequent development, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved