Chattisgarh High Court
Smt. Omita Sharma vs State Of Chhattisgarh on 15 November, 2022
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
WPS No. 7372 of 2022
Smt. Omita Sharma W/o Shri Nakesh Sharma Aged About 34 Years
R/o Lili Chowk, Purani Basti, Qtr. No. 48/234, Police Station Purani
Basti, District : Raipur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of Public
Health And Engineering Department Mahanadi Bhawan, Mantralaya,
Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh
2. Engineer-In-Chief Public Health And Engineering Department,
Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District :
Raipur, Chhattisgarh
3. Superintendent Engineer, E/ M Circle Public Health And Engineering
Department, Neer Bhawan, Civil Line, Raipur, District : Raipur,
Chhattisgarh
4. Executive Engineer E/ M Division P H E Department, District : Raipur,
Chhattisgarh
---- Respondents
______________________________________________________________ For Petitioner : Mr. S.P. Kale, Advocate For State : Mr. Ravi Bhagat, Dy. Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 15/11/2022 Heard.
1. Grievance raised in this petition is that petitioner who was appointed on the post of Helper under work charged establishment on 06.10.2008 and fulfills all the qualification required for promotion on the post of Assistant Grade-III, she -2- has not been considered for promotion. He submits that at this stage, grievance of the petitioner would be redressed if a direction is issued to respondents No. 2 & 3 to consider the claim of petitioner in accordance with law.
2. Learned counsel for the petitioner submits that the petitioner was appointed as Class-IV employee on the post of Helper on 06.10.2008, on the pay-scale of Rs.2550-55-2660-60-3200/- The petitioner has completed as of now more than 14 years on Class-IV post. Petitioner is having qualification of M.Com. and PGDCA. Petitioner submitted application before respondent for considering her claim for promotion on the post of Assistant Grade-III in the regular establishment before respondent No.4. Respondent No.4 forwarded the application of the petitioner along with others to respondent No.3 on 15.7.2020, even respondent No.2 forwarded application of the petitioner to respondent No.3 on 01.07.2021, but till date, representation or claim of the petitioner for her promotion is not considered and decided. One of similarly situated employee Abhishek Tiwari, on the same ground, filed a writ petition bearing WPS No.2788 of 2015 which was disposed of directing respondent to consider claim of petitioner therein if he fulfills all the eligibility criteria. Accordingly, his candidature for promotion was considered and as per his information, Abhishek Tiwari was promoted on the post of Assistant Grade-III. He submits that as the petitioner has already submitted representation for consideration of her -3- candidature for promotion which was not being acted upon, direction may be issued to respondent No. 2 & 3 to consider candidature of petitioner for her promotion on the post of Assistant Grade-III.
3. Learned counsel for the State submits that as the learned counsel for petitioner has submitted that petitioner has already submitted representation, it will be decided expeditiously in accordance with law. He also submits that if a direction is issued to respondents No. 2 & 3 to consider representation/claim of petitioner for consideration of her candidature for promotion within specified time, he is having no objection.
4. I have heard learned counsel for the parties and perused the documents annexed along with writ petition.
5. Annexure P-1 is the order of appointment of the petitioner on the post of Helper with the work charged establishment. Petitioner submitted representation before respondent authority on 11.01.2016. Representation submitted by the petitioner was further forwarded by respondent No.4 to respondent No.3 on 15.07.2020 as also respondent No.2 has forwarded representation of the petitioner to respondent No.3 on 01.07.2021, but till date, claim of the petitioner has not been decided. It is also submission of learned counsel for the petitioner that number of posts of Assistant Grade-III are lying vacant with respondent-Department.
6. In the aforementioned facts of the case, this petition is finally -4- disposed of directing respondent No.2 & 3 to consider the case of petitioner for her promotion on the post of Assistant Grade-III subject to petitioner fulfilling all the eligibility criteria for holding the post of Assistant Grade-III, in accordance with law, preferably within a period of 90 days from the date of receipt of copy of order passed by this Court.
7. While considering the case of the petitioner the respondents No. 2 & 3 would further consider her claim after perusal of the record as to whether any persons subsequently appointed in the department under the work charged establishment has been considered for promotion from Class-IV to Class-III category earlier as has been contented and claimed by the petitioner.
8. Let an appropriate consideration be made by the respondents within an outer limit of 90 days from the date of receipt of copy of this order.
9. Certified copy as per rules.
Sd/---/-
(Parth Prateem Sahu) Judge Praveen