Chattisgarh High Court
Ludru Ram vs State Of Chhattisgarh on 18 November, 2015
Bench: Chief Justice, P. Sam Koshy
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 558 of 2015
Ludru Ram S/o Shri Sukalu Ram, Aged About 37 Years R/o Gram
Bamni, Tahsil Kondagaon, P. S. Kondagaon, District Kondagaon
(Chhattisgarh)
---- Appellant
Versus
1. State Of Chhattisgarh Through, The Secretary Forest Department,
Mahanadi Bhawan, Naya Raipur, P. S. Rakhi, District Raipur
(Chhattisgarh)
2. The Chief Conservator Officer Of Forest, Kanker Circle, District Kanker
(Chhattisgarh)
3. The Conservator Of Forest, Circle Kanker, District Kanker,
(Chhattisgarh)
4. Divisional Forest Officer, South Kondagaon, Forest Division
Kondagaon (Chhattisgarh)
------Respondents
For Appellant: Shri Prateek Sharma, Advocate. For Respondents/State: Shri B.Gopa Kumar, Deputy Advocate General.
Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Judgment on Board Per Navin Sinha, Chief Justice 18/11/2015
1. The present appeal arises from order dated 16.9.2015 dismissing W.P. (C) No.3356/2015 holding that cancellation of promotion granted from Class- IV to Class-III based on erroneous recording of the date of entry in service as 23.8.2008 in place of 4.9.2008 calls for no interference.
2. Learned Counsel for the Appellant submits that even if his eligibility for promotion is to be considered based on entry in service on 4.9.2008, he has been wronged by promotion given to one Radheshyam and Bhupendra Samrath on 2.8.2014 even though their date of appointment is after him on 8.9.2008.
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3. We do not find from the Writ Petition that this ground was taken before the Learned Single Judge and has been urged in appeal for the first time. The aforesaid two persons were not even impleaded in the Writ Petition. We are therefore not required to consider the same.
4. The order of the Learned Single Judge calls for no interference. If the the Appellant is aggrieved by promotions granted to the two persons aforesaid, perceived to be junior to him, he is at liberty to pursue remedies in accordance with law.
5. The appeal is dismissed with the aforesaid observation.
Sd/- Sd/-
(Navin Sinha) (P. Sam Koshy)
CHIEF JUSTICE JUDGE
Priya