N.L. Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8354 of 2019 • N.L. Markam, S/o Late Jalam Singh Markam, Aged About 59 Years, R/o Bodla, Tahsil Bodla, District Kabirdham Chhattisgarh. ---- Petitioner

Versus

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

2. The Director Directorate Of Agriculture, Vikas Bhawan, Atal Nagar, New Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri Goutam Khetrapal, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/10/2019

1. The case of the petitioner is that the petitioner though was promoted from the post of Agriculture Development Officer to Senior Agriculture Development Officer and his name was enlisted at Serial No. 17 in the list pertaining to Scheduled tribe, however, the substantial order of promotion has not been issued till date to receive it in hand. It is stated that the information received under the Right to Information Act would show that entire formality have been completed but till date formal order have not been issued.

2. Perusal of Annexure P-1, the proceedings of Departmental Committee would show that the name of petitioner was considered and he was

held entitled for promotion and the name appears at serial No. 17 in the list belonging to Scheduled tribe. The petitioner, therefore, appears to have been promoted. The information received under the Right to Information Act dated 12.09.2019 also purports that all the proceedings have been completed and the name have been sent to Agriculture Ministry but the return communication has not been received yet. Prima facie, it appears that no dispute exists in respect to the promotion of the petitioner, in view of this and considering the period which has lapsed from 10.09.2019 from the date of issuance of primary list, the respondent are directed to take the necessary steps and issue the formal orders of promotion to the petitioner subject to just exception, if not restrained by any legal order within a further period of 60 days from receipt of copy of this order.

3. Accordingly, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti