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2025 DAILYLAW 19765 (CHH)

DINESH PRATAP SHARMA v. STATE OF CHHATTISGARH

WPS/3898/2018 · 2025-01-28

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:4869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3898 of 2018 Dinesh Pratap Sharma S/o S/o Late Ram Sundar Sharma, Aged About 50 Years Junior Accountant In Office Of District Education Officer Koriya Baikunthpur, R/o Village Bichhiya, P. S. Kelhari, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. The Director, Directorate Of Public Education Raipur District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. Deputy Director Public Education, Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. The District Education Officer, Koriya, Baikunthpur, District- Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Petitioner : Ms. Deeksha Gauraha, Adv. on behalf of Mr. Mateen Siddiqui, Adv. For State/ Respondents : Mr. Shubham Bajpai, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 28/01/2025 1) By way of this petition, petitioner has sought following relief(s):- (i) That the Hon’ble Court may kindly be pleased to direct to the respondents to consider the name of the petitioner for AJINKYA PANSARE Digitally signed by AJINKYA PANSARE Date: 2025.01.28 17:25:47 +0530 2 promotion to senior accountant. (ii) That the Hon’ble Court may kindly be pleased to also to direct to the respondents to give the time bound promotion since due date. (iii) Cost of petition may also be granted to the petitioners. (iv) Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice. 2) Learned counsel for the petitioner submits that petitioner was appointed on the post of Lower Division Clerk on 01.11.1995 and he was granted time-bound pay-scale vide order dated 30.05.2013 and was promoted to the post of Junior Accountant. She further submits that at the relevant time, petitioner was posted in O/o District Education Officer, Baikunthpur, District- Koriya. She contends that petitioner was entitled for time-bound promotion/ promotion in the year 2016 but his name has not been considered by the respondent authorities. She further contends that a DPC was convened by the department and name of petitioner was not considered on the ground that he has not passed Higher Secondary examination. She argues that petitioner has passed the Higher Secondary examination in the month of September, 2015 from Chhattisgarh State Open School, Raipur and he has also acquired Accountant training examination, thus, he is suitable for promotion to the post of Senior Accountant. She prays that petitioner may be permitted to make a representation before respondents No. 2 to 4, who in turn may be directed to consider such representation in objective manner. 3) On the other hand, learned State counsel opposes. He submits that petitioner was not having requisite qualifications, therefore, his case 3 was not considered for promotion to the post of Senior Accountant. He further submits that if petitioner make a representation before respondent authorities, same would be considered strictly in accordance with law and existing rules. 4) Heard. 5) Taking into consideration the submission made by counsels appearing for respective parties, this petition at this juncture is disposed of reserving liberty in favor of petitioner to make representation(s) before respondents No. 2 to 4, who in turn are directed to consider and take appropriate decision on such representation(s) in objective manner, preferably within period of 90 days from the receipt of copy of such representation(s). 6) Accordingly, instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya