Partly allowed

Ashwani Sharma v. State of Chhattisgarh and Anr.

Chhattisgarh HC8 Jul 2015WPS/2071/2012

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions filed by Revenue Inspectors seeking promotion to Naib Tehsildar. Finding that petitioners did not disclose the number of sanctioned or vacant posts, the Court held it could not issue a mandamus in a vacuum. It directed DPC convening if posts exist and petitioners are suitable.

What did the court decide?

Writ petitions disposed of with a direction that if posts are vacant and the State needs to fill them, the DPC may be held in accordance with law.

Ashwani Sharma Vs State of Chhattisgarh… — Pension and Retirement Benefits | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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W.P.(S) No.2071 of 2012

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Ashwani Sharma, Son of Ramanuj Sharma, aged about 55 yars, Occupation Revenue Inspector, R/o Shikshak Nagar, Tahsil and District Durg (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, Through The Secretary, Dister Management and Revenue Department, DKS Bhawan, Mantralaya, DKS Bhawan, Mantralaya, Raipur (C.G.)

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The Commissioner/Director, Land Revenue, Chhattisgarh, Raipur, Near Rang Mandir, Kalibadi Chowk, Raipur (C.G.)

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---- Respondents

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And

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W.P.(S) No.2072 of 2012

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Gajpati Nayak Son of Bodlal Nayak, aged about 54 years, Occupation Revenue Inspector, R/o HIG.B.-03, Housing Board Complex, Infront of New Bus Stand, Durg, Tahsil and District Durg (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, Through The Secretary, Dister Management and Revenue Department, DKS Bhawan, Mantralaya, DKS Bhawan, Mantralaya, Raipur (C.G.)

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The Commissioner/Director, Land Revenue, Chhattisgarh, Raipur, Near Rang Mandir, Kalibadi Chowk, Raipur (C.G.)

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---- Respondents

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For Petitioners Mr. R.S. Patel, Advocate For Respondent/State Mr. Bhaskar Pyasi, Panel Lawyer

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Order On Board By

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S.B.: Hon'ble Mr. Justice Prashant Kumar Mishra

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08/07/2015

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Heard.

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The petitioners are working as Revenue Inspectors. They have preferred these writ petitions seeking direction to the respondents to convene meeting of DPC for considering their case for promotion to the post of Naib Tehsildar.

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According to learned counsel for the petitioners, despite the fact that the petitioners are fully eligible for promotion to the post of Naib Tehsildar, the respondents are not convening the meeting of DPC, which is violative of Rule 6(4) of the Chhattisgarh Public Service (Promotion) Rules, 2003. He would further submit that despite there being availability of posts, the respondents are not convening DPC, which is illegal and arbitrary.

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In the entire writ petitions, the petitioners have not stated as to what number of sanctioned posts are available in the subject cadre, out of which, what number of posts are to be filled up by promotion and further as to what number of posts belonging to the promotion cadre are lying vacant. In the absence of sufficient particulars, this Court cannot issue a mandamus in vacuum.

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In view of the above, the writ petition is disposed of with a direction that if the posts are vacant and the State Government feels that there is need for filling up the posts falling in the promotion quota, the DPC may be held in accordance with law and in such DPC, the petitioners may be considered in accordance with law depending upon their suitability, eligibility and zone of consideration.

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Sd/-

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Judge

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(Prashant Kumar Mishra)]

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Shyna

Ashwani Sharma v. State of Chhattisgarh and Anr.

Case brief

What is this about?

What did the court decide?

Ashwani Sharma v. State of Chhattisgarh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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