Dhananjay Sharma v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5798 of 2019
1. Dhananjay Sharma S/o Shri Satruhan Prasad Sharma Aged About 27 Years R/o - Phase-1, 200-B, Masjid Gali, Rajkishore Nagar, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh
2. Rupesh Kumar Khute S/o Shri Sheshnath Khute Aged About 32 Years R/o - Village And Post Loharsi (Kharod), P.S.- Shivrinarayan, Tehsil Pamgarh, District- Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Skill Development, Technical Education And Department Of Employment, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Director Department Of Skill Development, Technical Education And Department Of Employment, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. Deputy Secretary Department Of Skill Development, Technical Education And Department Of Employment, Mantralaya, Mahanadi Bhawan, Raipur Chhattisgarh, District : Raipur, Chhattisgarh
4. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar Road, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondents For Petitioner :
Mr. Ghanshyam Kashyap, Advocate For State :
Mr. Chandresh Shrivastava, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 06/08/2019
1. The relief sought for by the petitioner in the present writ petition is for an appropriate direction to the respondents to consider the issue of appointment orders in favour of the petitioners for the post of Assistant workshop Superintendent. The petitioners seems to have participated in the recruitment process arising out of the advertisement dated 23.12.2015. The petitioner No. 1 stood at serial No. 1 in the waiting list in the unreserved category and petitioner No.
2 stood at serial no. 1 in the waiting list of SC category candidates. The select list was published on 15.11.2016 and initially the order of appointment was issued for 16 candidates of which two of the candidates had not reported for duty and the department thereafter made certain correspondences to the CGPSC for sending names from the waiting list to fill up the vacant post. Chhattisgarh Public Service Commission vide their letter dated 19.05.2017 recommended the name of the two petitioners. They were also subjected to document verification etc. but then the formal order of appointment was not issued. Annexure P-6 dated 22.08.2017 issued by the respondent No. 1 shows that the case of the petitioners were kept in abeyance in the light of the pendency of writ appeal No. 20/2017. The said writ appeal No. 20/2017 finally now has been disposed off vide order dated 07.12.2018.
2. According to the petitioner since all the litigation have now come to an end the respondents should take appropriate steps for issuance of the order of appointment in favour of the petitioners.
3. Considering the limited grievance that petitioner has, this Court is of the opinion that ends of justice would meet if respondent No. 1 is directed to take a decision in the case of the petitioners taking note of the correspondences made by respondent No. 1 on 22.08.2017 (Annexure P-6) and also taking note of the decision rendered by the Division Bench of this Court on 07.12.2018 in WA No. 14/2017 and other analogues writ petitions including WA No. 20/2017. State Government would also take note of the subsequent decisions of this Court dated 23.01.2019 passed in WPS No. 477/2016 which also
arose out of the same advertisement. The respondent No. 1 is expected to pass an order at the earliest preferably within a period of 60 days from the date of receipt of copy of this order. The writ petition accordingly stands disposed off.
4. It is made clear that this court has not expressed any opinion on the merits so far as the claim of the petitioners are concerned. The respondent No. 1 is expected to take a decision purely in accordance with law.
5. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit