Shiv Shankar Singh vs State Of Chhattisgarh
2021 Latest Caselaw 977 Chatt

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                                                                             NAFR

                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                WPS No. 3393 of 2021
     Shiv Shankar Singh S/o Late Swaroop Singh Aged About 43 Years
     Presently Posted Assistant Director, Agriculture, Baikunthpur, District
     Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh
                                                                   ---- Petitioner
                                          Versus
     1.      State Of Chhattisgarh Through The Secretary, Department Of
             Agriculture, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur,
             District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
     2.      Director, Agriculture Krishi Vikas Bhawan, Sector-19, Naya Raipur,
             Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur,
             Chhattisgarh
     3.      Deputy Director Agriculture, Baikunthpur, District            Koriya
             Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
                                                               ----Respondents

For Petitioner : Mr. Hemant Kesharwani, Advocate For State : Ms. Akanksha Jain, Dy. G.A.

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

08/07/2021

1. The grievance of the petitioner in the present writ petition is the

inaction on the part of the respondents in not considering the

regularization of the petitioner on the promotional post of Assistant

Director, on which post the petitioner was granted adhoc promotion

as early as on 16.09.2003.

2. According to the petitioner, his colleagues who were promoted

along with him on adhoc basis have in due course of time been

regularized on the promoted post of Assistant Director and they are

also being considered for further promotion. However, the petitioner

was not considered for regularization on the post of Assistant

Director on account of a criminal case which was pending against

him before the Judicial Magistrate First Class, Mungeli. The said

criminal case finally has got decided and vide judgment dated

30.10.2018 the petitioner stands acquitted from all the charges

leveled against him, thereafter the respondent authorities ought to

have considered the claim of the petitioner for promotion. Having

not done so, the petitioner is being put to great loss so far as the

actual benefits which the petitioner otherwise would be entitled for

on getting regular promotion.

3. The learned State counsel submits that the representation

(Annexure P/6) of the petitioner is still under consideration before

the respondent authorities concerned, and therefore the same be

ordered to be decided in accordance with law at the earliest.

4. Given the said facts and circumstances of the case, the writ petition

stands disposed of directing the respondents to take an appropriate

decision at the earliest preferably within a period of 90 days from

the date of receipt of the copy of this order. Let an appropriate

decision be taken in accordance with the Rules governing the field.

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

disposed of.

Sd/-

(P. Sam Koshy) Judge Ved