Lakeshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7041 OF 2018 Lakeshwar Dansena S/o Shri Damodar Dansena Aged About 46 Years Working As Peon, Middle School, Darri, Block - Kharsia, District Raigarh Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh.

2. The District Education Officer, Raigarh, District Raigarh Chhattisgarh.

3. The Block Education Officer Kharsia, District Raigarh Chhattisgarh.

4. Murlidhar Patel Presently Posted As Assistant Grade - 3, Office Of Block Education Officer, Tamnar, District Raigarh Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Ramakant Pandey, Advocate.

For Respondent-State :

Shri SP Kale, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 26.10.2018 1.

Grievance raised by the petitioner is to the promotion granted to the respondent No.4 on the post of Assistant Grade-III from the post of Peon. 2.

According to the petitioner, the petitioner was appointed earlier to the respondent No.4 and in the departmental seniority list which has been published till the year, 2016, the name of the petitioner stood over and above the name of the respondent No.4, but when the promotion orders were issued, the respondent No.4 has been given promotion without considering the case of the petitioner showing the respondent No.4 to be senior to the petitioner.

3.

The petitioner further submits that he had raised an objection/ representation in this regard to the respondent No.2 on 08.02.2018 but till date the same has not been decided by the respondents.

4.

Given the said facts, let the petitioner, in addition to representation already filed and which is pending consideration before the respondent No.2, make a fresh representation/objection in respect of the promotion granted to the respondent No.4 as also the seniority of the petitioner within a period of two weeks from today and on receipt of such representation the respondent No.2 shall decide the same objectively taking into consideration all the relevant facts particularly the seniority aspect within a further period of 60 days from the date of receipt of representation. 5.

With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy Judge inder