Smt. Shanti Bai Banjare v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7956 of 2018
1. Smt. Shanti Bai Banjare W/o Shri Manshraram Banjare Aged About 49 Years R/o Village And Post Sundravan, Tahsil Palari, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
2. Smt. Jamun Bai Yadaw W/o Shri Chagu Ram Yadaw Aged About 42 Years R/o Village Dhamni, Post Salouni, Tahsil Palari, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
3. Smt. Prakash Bai W/o Dilip Aged About 38 Years R/o Village Junwani, Post Gidhpuri, Tahsil Palari, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
4. Smt. Bed Bai W/o Shri Jhangel Das Jangre Aged About 34 Years R/o Village Devregi, Post Charouda, Tahsil Palari , District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Ministry, Mahanadi Bhavan, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. The Collector District Balodabazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
3. The District Child And Women Development Officer District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh
4. The Project Officer Integrated Child Development Project, Palari District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For petitioners :
Shri A. K. Dewangan, Advocate.
For State/respondents :
Shri Dhiraj Wankhede, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 04/12/2018 1.
The sole grievance of the petitioners is that the petitioners at earlier round had filed the writ petition that is WPS No. 6787/2014 and this Court disposed off the writ petition with the following observations: "Accordingly, the petitioners are permitted to withdraw this petition with the aforesaid liberty. In the eventuality of filing representation by the petitioners before respondent No.3, it would be for respondent No.3 to act in accordance with law. If under the rules, the petitioners are entitled for any such promotion, they
fulfill the requisite qualification, the posts are lying vacant, their case would be considered in accordance with law.
It is made clear that this Court has observed nothing on merits and it would be for the competent authority to decide the representation of the petitioners strictly in accordance with law."
2.
Subsequently, the contention of the petitioner is that though, there were large number of vacancies available for the post of Aanganwadi worker but the respondents have, for reasons best known, ignoring the seniority of the petitioner and have straight way granted promotion to other persons of the department who were much junior to the petitioners. Learned counsel for the petitioners submits that the petitioners have already made a representation which till date not been decided.
3.
Given the said facts and the circumstances of the case, the petition stands disposed off with a direction to the petitioners to prefer a fresh representation in addition to the representation that they have made raising all their grievances to the respondents No. 2 & 3 supported with all relevant documents and on such representation being made, the respondents No. 2 & 3 are directed to dispose off the representation at the earliest on its merits in accordance with the rules and regulations governing the field and also considering the seniority as per the petitioners have raised as compared to the persons who have already been promoted. Let the petitioners file a detailed representation within a period of 3 weeks from today and respondents No. 2 & 3 shall decide the same within a further period of 90 days from the date of receipt of the representation.
4.
Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE