T. S. Tanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4531 of 2020

1. T. S. Tanwar S/o Late C.B. Singh, Aged About 50 Years, Presently Posted And Working As Principal Grade- II, Government I.T.I. Bhilai, District Durg, Chhattisgarh

2. Parmeshwar Edpache S/o Late Dhivram Singh, Aged About 49 Years Presently Posted And Working As Principal Grade- II, Government I.T.I. Daundi Lohara, District Balod, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Thruogh The Secretary, Department Of Skill Development, Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. Director, Directorate Of Employment And Training, Indrawati Bhawan, Block No. 4, Naya Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Shashank Thakur, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.11.2020

1. The grievance of the petitioners in the present writ petition is the inaction on the part of the respondents in not taking appropriate steps for issuance of promotion order in spite of the fact that the DPC has already been convened by the Chhattisgarh Public Service

Commission and the DPC vide order dated 16.03.2020 has recommended the petitioners for being promoted from the post of Principal Grade-II to Principal Grade-I.

2. At this juncture, learned State counsel submits that the State Govt. did not pass the order of promotion on account of certain litigation which is pending before the Division Bench of this Court by way of a Public Interest litigation i.e. WP(PIL) No. 91/2019 where the State Govt. has already moved a clarification application. State counsel further submits that it appears that the Chhattisgarh Public Service Commission has followed the rules which have already been struck down by the Division Bench in the process of scrutinizing the claim of the petitioners for promotion.

3. Considering the fact that the matter is already sub judice before the Division Bench and that the rules applied by the Chhattisgarh Public Service Commission being the rules which already stood struck down as early as on 04.02.2019, this Court, at this juncture, can only dispose of the writ petition with a direction to the respondents to ensure that a prompt decision on the recommendation made by the Chhattisgarh Public Service Commission is taken immediately after getting a suitable clarification from the Division Bench where they have moved an appropriate application in this regard.

4. With the aforesaid observation the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai