Brijraj Pal Jadon vs State Of Chhattisgarh
2022 Latest Caselaw 4596 Chatt

Citation : 2022 Latest Caselaw 4596 Chatt
Judgement Date : 19 July, 2022

Chattisgarh High Court

Brijraj Pal Jadon vs State Of Chhattisgarh on 19 July, 2022

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                WPS No. 9920 of 2019
                     Brijraj Pal Jadon Versus State Of Chhattisgarh




18/07/2022

Mr. Kishore Bhaduri, Sr. Advocate along with Mr. Pankaj Singh, Advocate for the petitioner.

Mr. Vaibhav Singh, PL for the State.

Learned Sr. Advocate would submit that in pursuance of DPC which was held on 09.06.2008, the petitioner was promoted from Sub Engineer to Assistant Engineer and has been granted seniority but in pursuance of order passed in WPS No. 3054 of 2010 which has been set aside by the State Government.

State counsel would submit that since the petitioner was not born in the cadre of State of Chhattisgarh in 2007, therefore, the petitioner cannot get promotion for the period when he has not worked. He would refer the judgment passed by the Division Bench of this High Court in Writ Appeal No. 108 of 2016 and would submit that since the petitioner was not born in the State of Chhattisgarh, therefore, he is not entitled to get any promotion and that has rightly been withdrawn.

It is not disputed that the petitioner has joined the State of Chhattisgarh in the year 2007. It is also not in dispute that after 2007, if the requisite service is treated for promotion on the post of Assistant Engineer is 8 years and the petitioner is a degree holder not diploma and he has completed 8 years of service for promotion in the year 2015. It is also not disputed that even after lapse of 7 years, qualifying service of 8 years yet petitioner has not given promotion. It is well settled law that the government employee should be given at least two or three promotions in his service period.

This Court has put specific query to learned Sr. Advocate whether any promotion has been given to the petitioner from 2015 to 2022 and if any junior to the petitioner has been promoted then case of the petitioner can be considered for that he seeks time to verify the same.

List this case after two weeks.

In the meanwhile, learned Government Advocate shall place all the material related to the query made by this Court including records of DPC which was held on 09.06.2008.

Sd/-

(Narendra Kumar Vyas)

Judge

santosh