1 2025:CGHC:1902 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10810 of 2019 1 - Shankar Patle S/o Late Shri A. R. Patle Aged About 65 Years R/o Chandrashekhar Azad Ward, Ward No. 41, Mulkraj Mohna Gali No. 09, Kumharpara, Jagdalpur, District - Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary , Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Principal Secretary, General Administrative Department, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Secretary, General Administrative Department ( G A D ), Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Director, Land Record, Office At Indrawati Bhawan, 1st Floor, Block - I I, Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Rajendra Patel, Advocate For Respondent(s) : Ms. Mukta Tripathi, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 13 /01/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to direct the respondents to consider SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 the name of the petitioner for the post of Dy. Collector. 10.2 The Hon’ble Court may kindly be pleased to direct the respondents to grant all the back wages and benefits along with the promotion. 10.3 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 the petitioner while working on the post of Superintendent of Land Records became eligible for consideration of his name for promotion on the post of Deputy Collector as per the Chhattisgarh Public Service (Promotion) Rules, 2003. He contended that the Departmental Promotion Committee (hereinafter for brevity referred to as DPC) for promoting the employees of the State Government on the post of Deputy Collector was held on 03.08.2015. In the said proceedings, name of 17 employees were considered who are in the zone of consideration in which, name of the petitioner was also considered for his promotion. However, in front of the name of the petitioner, it is mentioned as Paribhraman (circulation) in the column of recommendation of the committee. 3. He contended that in the minutes of the meeting, it is further recorded in Clause 17 of the proceedings that till the name of the employees against whom, it is mentioned as Paribhraman (circulation), the said number of posts are to be kept vacant. However, the decision was not taken by the competent authority thereafter. He contended that the petitioner after attaining the age of superannuation stood retired on 31.12.2015. The petitioner after waiting for sometime for the decision to be taken on the basis of the recommendation made by the DPC, have also submitted a representation before the Chief Secretary, Government of Chhattisgarh as also, before his superior officer i.e. the Collector which are dated 21.12.2015, 05.04.2016, 18.04.2016 & 19.05.2017. However, the 3 respondents have not taken any decision in any of the representations as submitted by the petitioner. The petitioner being an law abiding government servant has awaited for the decision to be taken on his representations and when the decision was not taken, he has filed this writ petition. He contended that in the above facts of the case, direction be issued to the Respondents No. 2 & 3 to take decision on the representations submitted by the petitioner filed herewith along with the writ petition as Annexure P/3 to Annexure P/7 at the earliest within specified time. 4. On the other hand, learned counsel for the Respondents/State do not dispute the submissions made by the counsel for the petitioner based on Annexure P/2 which is the proceeding of the DPC. She however submits that the representation submitted by the petitioner is very old and if, petitioner submits fresh representation, it will be considered in accordance with law. 5. I have heard learned counsel for the parties and perused the documents enclosed along with the writ petition. 6. The petitioner has filed the proceedings of the Departmental Promotion Committee (DPC) dated 03.08.2015 wherein, in front of the name of the petitioner, it is recommended that the name of the petitioner be kept in Paribhraman (circulation). Further, in clause 17 of the proceedings, it is mentioned that the number of posts as per the number of employees recommended to be in Paribhraman (circulation) shall be kept vacant to protect their interest till decision is taken on the recommendation made by the DPC on Paribhraman (circulation). As per the claim of the petitioner, the DPC proceedings was of the month of August, 2015, however, no decision was taken till December, 2015 which made the petitioner to submit the representations in the year 2015, 2016 & 2017. 4 7. In the aforementioned facts of the case, considering that the representation submitted by the petitioner was not considered and decided, representations are old one, therefore, the writ petition is disposed of, at this stage, permitting the petitioner to submit a fresh representation before the Respondents No. 1 to 3 raising all grounds as raised in this petition and in the event, petitioner submits representation, the said respondents are directed to take decision on the representation submitted by the petitioner in accordance with law expeditiously, preferably within a further period of 03 months from the date of receipt of the representation. 8. With the aforementioned observation and direction, writ petition is disposed of. Sd/- (Parth Prateem Sahu) Judge Dey