Basant Kumar Lonhare v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5266 of 2019 Basant Kumar Lonhare S/o Shri Hiralal Lonhare Aged About 51 Years Presently Working As Assistant Grade-Iii In Nagar Panchayat Dondi, District Balod Chhattisgarh., District : Balod, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director Directorate Of Urban Administration And Development, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Joint Director Regional Office, Department Of Urban Administration And Development, Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondents For Petitioner : Shri Sudeep Agrawal, Advocate.

For State : Ms. Sunita Jain, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 22.07.2019

1. The grievance of the petitioner in the instant case is that in spite of the fact that petitioner is eligible for the next promotional post of Accountant and post of Accountant in the department also lying vacant in Nagar Panchayat, Dondi and petitioner being senior most person entitled for promotion, for the reasons best known the DPC has not been held by the Department for the promotional post.

2. According to the petitioner the PIC of the Nagar Panchayat, Dondi

-2has already made necessary recommendation in this regard in favour of the petitioner and also have taken a decision that the post has to be filled up by way of promotion.

3. Given the aforesaid facts and circumstances of the case, particularly, taking note of the fact that recommendation of the PIC is pending before respondent No. 3, this Court is of the opinion that ends of justice would meet if the respondent No. 2 & 3 are directed to ensure that recommendation of the PIC is considered and decided at the earliest in accordance with law.

4. It is expected that respondent No. 2 & 3 shall take a decision at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

5. It is made clear that this Court has not expressed any observation so far as merits of the case as regard, the entitlement of the petitioner for promotion is concerned.

6. With the aforesaid observation the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit