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2025 DAILYLAW 4391 (CHH)

AKASH GUPTA v. STATE OF CHHATTISGARH

WPS/811/2025 · 2025-01-29

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 811 of 2025 • Akash Gupta S/o Shri Vinay Gupta Aged About 32 Years Occupation Data Entry Operator, Under The Office Of Eklavya Aadarsh Awasiya Vidhyalay Mainpath Ambikapur, District Sarguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Schedule Caste And Schedule Tribe Development Department, Mahanadi Bhawan, Mantralaya Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Commissioner C.G. State Level Tribal Welfare And Secluded Residence Education Society Samity, Indrawati Bhawan, Mantralay Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh. 3 - The Collector/president C.G. Tribal Welfare Residential And Secluded Residence Educational Society Samity, Ambikapur, District Sarguja, Chhattisgarh. 4 - The Assistant Commissioner Tribal Development Ambikapur, District Sarguja (C.G.). 5 - The Project Administrator Integrated Tribal Development Project, Digitally signed by RAGHVENDRA JAT 2 Ambikapur, District Sarguja (C.G.). 6 - Principle Eklavya Aadarsh Residential School, Mainpath District Sarguja (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Sunil Tripathi, Advocate. For Respondent(s)/ State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 This Hon'ble court may kindly be pleased to issue writ/writs/order/direction towards the respondent authorities, particularly the respondent no. 3 and 4 to compliance the memo dated 27.01.2021 (Annexure P-4). 10.3 This Hon'ble court may kindly be pleased to direct the respondents, particularly the respondent no. 3 and 4 to consider and decide the claim of petitioner with regard to grant promotion to the post of office superintendent within stipulated period and accordance with applicable Service Rules. 3 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deem fit.” 2. Mr. Sunil Tripathi, learned counsel for the petitioner submits that vide order dated 22.11.2021 some instructions have been issued for grant of promotion, accordingly the petitioner is entitled to get promotion on the basis of said order dated 22.11.2021, he has filed his application/ representation before the concerned authority, however, it is yet to be decided. As such, he is seeking a direction that his application / representation may be directed to be decided on the basis of order dated 22.11.2021 on some early date. 3. Ms. Nupur Trivedi, learned counsel for the State not opposes the same and submits that in the eventuality of filing of representation the same shall be considered in accordance with law. 4. I have heard learned counsel for the parties and perused the material available on record. I have also considered their rival submissions. 5. Accordingly, the concerned authority i.e. respondent No. 3- The Collector/ President, CG Tribal Welfare Residential and Secluded Residence Educational Society Samity, Ambikapur, District- Sarguja, Chhattisgarh is directed to decide the representation of the petitioner while considering the order dated 22.11.2021 in 4 accordance with law within a period of 30 days. 6. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat