Rajneesh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5442 of 2020 Rajneesh Thakur S/o Shri Chandrahas Singh Thakur, Aged About 44 Years, Presently Working As Telephone Attendant, Office Of Public Health Engineering Kawardha, District Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh

2. Superintendent Engineer, Public Health Engineering Department, Durg Division, Durg, District Durg, Chhattisgarh

3. Executive Engineer, Public Health Engineering Department, Kabirdham, District Kabirdham, Chhattisgarh ---- Respondents For Petitioner :

Mr. C. Jayant K. Rao, Advocate For State :

Mr. Sudeep Verma, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 21.01.2021

1. The limited grievance that the petitioner has in the present writ petition is the inaction on the part of the respondents in not considering the case of the petitioner for promotion from the post of Telephone Attendant to the post of Assistant Grade-III i.e. promotion from Class-IV to Class-III cadre.

2. According to the counsel for the petitioner, the persons who were much

junior to the petitioner have since long back considered for the said post of Assistant Grade-III. Since the petitioner at that relevant point of time did not have the minimum eligibility criteria for being considered to the post of Class-III, he was not considered while persons junior to him who had the minimum eligibility criteria were considered and promoted. Down the line the petitioner subsequently has obtained all the eligibility criteria and he has become eligible for promotion but the respondents have since long not taken any decision for promotion. Counsel for the petitioner submits that there is also a recommendation made by the respondent no.3 recommending promotion of the petitioner to the post of Assistant Grade-III.

3. Given the aforesaid grievance that the petitioner has, the writ petition at this juncture stands disposed of directing the respondents 1 & 2 to take an appropriate decision considering the claim of the petitioner for being considered for promotion from Class-IV to Class-III cadre i.e. from the post of Telephone Attendant to the post of Assistant Grade-III. Let an appropriate decision be taken by the respondents 1 & 2 at the earliest preferably within a period of 4 months from the date of receipt of copy of this order.

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