Nand Kishor Rai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6272 of 2019

1. Nand Kishor Rai S/o B. N. Roy, Aged About 41 Years, Posted As Assistant Engineer At CREDA, District Office Korba, R/o Flat No. 159 Koshabadi, Korba, Police Station Rampur, District Korba, Chhattisgarh

2. Abhishek Kumar Shukla S/o Ram Prasad Shukla, Aged About 39 Years, Posted As Assistant Engineer At CREDA Head Office, Raipur, R/o Flate No. 505. Shrijee Kalptaru Heights Amlidih, Raipur, District Raipur, Chhattisgarh

3. Rahul Gupta S/o Ramanand Gupta, Aged About 47 Years, Posted As Assistant Engineer At CREDA Head Office, Raipur R/o Mogra, 78, Block B, Talpuri, International Colony, Bhilai, District Durg, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Energy, Mahanadi Bhawan, New Raipur, Chhattisgarh

2. Chhattisgarh State Renewable Energy Development Agency (CREDA) Through The Chief Executive Officer, Near Energy Education Part, VIP Road, Raipur, District Raipur, Chhattisgarh

3. The Chief Executive Officer, Chhattisgarh State Renewable Energy Development Agency (CREDA) Near Energy Education Part, VIP Road, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioners :

Mr. Ashok Kumar Shukla, Advocate.

For State :

Ms. Ishwari Ghritlahare, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 20.08.2019

1. Counsel for the petitioners, at the outset, confines his claim only so far as relief no.10.2 is concerned.

2. Counsel for the petitioners submits that the issue involved in the present case is in respect of the seniority of the petitioners. The contention of the counsel for the petitioners is that the respondents have already constituted a committee to consider the objections and representations in respect of the seniority list published by the Department. However, neither the committee nor the respondent no.3 has taken a decision on the dispute pertaining to the seniority in the department.

3. Given the limited grievance that the petitioners have, this Court is of the opinion that ends of justice would meet if the respondent no.3 is directed to consider the grievance of the petitioners so far as the dispute pertaining to the seniority part is concerned. The petitioners also would be entitled for making a fresh representation, if they so want, to respondent no.3 supported with all relevant documents establishing their claim so far as the seniority is concerned. Let the respondent no.3 take an appropriate decision in this regard within a period of 3 months from the date of receipt of copy of this order.

4. It is made clear that this Court has not made any opinion on the merits of the case so far as the entitlement of the petitioners is concerned, the respondent no.3 is at liberty to decide the same in accordance with the service regulations governing the field.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai