Vivek Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4532 of 2020 Vivek Pandey S/o Shri J.L. Pandey Aged About 36 Years, Occupation (Service), Posted As Assistant Revenue Inspector At Nagar Panchayat Sakri , District Bilaspur Chhattisgarh, R/o Village Ashok Nagar, Sarkanda, Police Station Sarkanda, Tehsil And District Bilaspur Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2.

Director Urban Administration And Development, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh.

3.

Deputy Director Urban Administration And Development, Bilaspur, District Bilaspur Chhattisgarh.

4.

Nagar Panchayat Sakri Through Its Chief Municipal Officer, District Bilaspur Chhattisgarh.

5.

Municipal Corporation Bilaspur, Through Its Commissioner, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondents For Petitioner :

Mr. Surfaraj Khan, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

For Respondent No.5 :

Mr. H.B. Agrawal, Sr. Advocate along with Ms. Richa Dwivedi, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board

25/11/2020 1.

The present is a second round of litigation. The petitioner is aggrieved of the inaction on the part of the respondents in not considering the claim of the petitioner for promotion from the post of Assistant Revenue Inspector to Revenue Sub-Inspector. According to the petitioner, he holds all the requisite eligibility criteria and the minimum qualification required for the said post. It was also the contention of the petitioner that on an earlier occasion, the petitioner had filed WPS No. 3025/2020 for the same relief, which stood disposed of on 07.08.2020 directing the Deputy Director, Urban Administration And Development, Bilaspur to take an appropriate decision in respect of the claim of the petitioner. 2.

Subsequently, the respondent No.3 has intimated the petitioner that the respondent No.3 would not be the proper authority to take an appropriate decision in the light of the Nagar Panchayat, Sakri getting merged into with the Municipal Corporation, Bilaspur and since the merger the petitioner becomes the employee of the Municipal Corporation and therefore any promotion process has to be considered and decided at the Municipal Corporation level, therefore he has filed the present subsequent writ petition. The limited relief that the petitioner seeks is for an appropriate direction to the Corporation Authorities for considering the claim of the petitioner in accordance with law at the earliest.

3.

The limited relief sought by the petitioner has not been opposed by the learned counsel appearing for the respondent No.5 the Municipal Corporation, Bilaspur.

4.

In view of the same, the writ petition at this juncture stands disposed of directing the respondent No.5 to consider the claim of the petitioner for promotion in accordance with law and also the guidelines and the service conditions governing the petitioner at the earliest preferably within a period of 4 months from the date of receipt of the copy of this order.

5.

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

Sd/- (P. Sam Koshy) Judge Ved