Shriram Deshpandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 5399 OF 2021 • Shriram Deshpandey, S/o Late Shri Narayanrao Deshdandey, aged about 61 years, Pesha - Varishth Sahayak, Karyalay Khad Sangrahan Kendra, Sargaon, Nivasi - Pani Tanki Ke Pass, Ringh Road Number - 02, Shantinagar, Bilaspur, Thana Civil Line, District Bilaspur (C.G.) Petitioner versus 1.

State of Chhattisgarh, through Secretary, Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit, Mukhyalay, Naya Raipur, District Raipur (C.G.) 2.

Prabandh Sanchalak, Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3.

Mahaprabandhak, Mukhyalay Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit, Naya Raipur, District Raipur (C.G.) 4.

Jila Vipdan Adhikari, Chhattisgarh Rajya Sahkari Vipdan Sangh Maryadit, Mungeli, District Mungeli (C.G.) ... Respondents For Petitioner :

Mr. Abdul Wahab Khan, Advocate.

For Respondent-State :

Ms. Binu Sharma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board [07 /10/2021 ] 1.

Grievance of Petitioner in the present Writ Petition is that he is said be superseded for promotion to the post of Senior Assistant from the post of Junior Assistant.

2.

Learned Counsel for Petitioner submits that the Petitioner was initially appointed in the year 1982 and the first promotion that he got on 10.6.2020 on the post of Senior Assistant. Learned Counsel further submits that the last DPC that was convened was in the year 2017 and since there was a departmental enquiry pending against the Petitioner he was not considered for promotion.

3.

Further contention of learned Counsel for Petitioner is that the departmental enquiry has since been concluded and the Petitioner has been exonerated of all the charges that were levelled against him and therefore he is entitled to be considered for promotion from the date his junior was promoted in the year 2017.

4.

The pleadings to the Writ Petition does not disclose the details of the person who was junior to Petitioner and has been promoted in the year 2017.

5.

Given the said facts, the present Writ Petition at this juncture is disposed of directing the Petitioner to raise all his grievances by moving a representation before Respondents No.2 to 4. Respondents No.2 to 4 in turn are directed to consider and decide the representation on its own merits, particularly taking into consideration the contents that Petitioner shall be raising in his representation.

6.

Petitioner would be at liberty to make a fresh representation in respect of his grievances to Respondents No.2 to 4. Petitioner would also be at liberty to challenge the outcome of the representation before appropriate Authority under the Cooperative Societies Act. 7.

With aforesaid direction/observation, the Writ Petition stands disposed of.

Sd/- (P. Sam Koshy) /sharad/ Judge