Rajesh Kumar Indwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5467 of 2020 Rajesh Kumar Indwar S/o Late Shri Jowakim Indwar Aged About 57 Years Superintending Engineer, Office Of Engineer In Chief, Water Resource Department, Chhattisgarh, Atal Nagar, Nava Raipur Chhattisgarh 492002 R/o A 3, Palash Vihar , New Purena, Post Ravigarm, Raipur Chhattisgarh 492006., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Water Resource Department, Mantralaya At Mahanadi Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 492002., District : Raipur, Chhattisgarh

2. Engineer In Chief Water Resource Department, Shivnath Bhawan, Atal Nagar, Nava Raipur Chhattisgarh 492002., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Saji Kumar Thomas, Advocate For State :

Mr. Sudeep Verma, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 04/01/2021

1. The relief sought for by the petitioner in the present writ petition is for appropriate direction to the respondents for preparation of the seniority list for the post of Superintendent Engineer showing the seniority as on 01.04.2020 and for all the subsequent years. Further prayer of the petitioner also is to ensure that DPC which is likely to be convened for promotion to the post of Chief Engineer is convened taking into consideration a properly prepared seniority list and the rules governing the

field as on date and also the circulars which have been issued by the State Government from time to time.

2. To this limited relief so far as preparation of the seniority list is concerned, the State counsel does not have any objection. As regards second relief is concerned, the State counsel submits that it is otherwise also incumbent upon the authorities to ensure that any promotion/recruitment process that is to be convened or initiated has to be purely in accordance with the laws governing the State.

3. Given the said submissions by the counsel for the parties, the writ petition at this juncture stands disposed of directing the respondent authorities to ensure that the seniority list which has not been prepared for a couple of years be prepared so far as the post of Superintendent Engineer is concerned. Any further promotion from the post of Superintendent Engineer to Chief Engineer be done strictly in accordance with the rules governing the field.

4. It is made clear that this Court has not expressed any opinion so far as entitlement of the petitioner for any further promotion is concerned.

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

Sd/- (P. Sam Koshy) Judge Rohit