A daily-wage Helper appointed in 1988 and regularized in 2008 sought promotion to Mechanic or Driver per departmental circulars. The State argued the Service Rules required 10 years' experience as a Helper after regularization. The court found the petitioner lacked the requisite 10 years when the petition was filed and dismissed it.
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Digitally signed by NADIM MOHLE
2024:CGHC:31643
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4726 of 2015
Raju Singh Porte, S/o Late Shri Ram Dayal Porte, Aged About 45 Years, Presently Working As Helper And Posted At Public Health Engineering Deptt., Sub Division Takhatpur, R/o Village And Post Korja, Via Pendra Road, P S Gourela, Civil And Revenue District Bilaspur, Chhattisgarh. ... Petitioners
versus
1 - State of Chhattisgarh, Through The Secretary, Department of Public Health Engineering, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh.
2 - Engineer In Chief, Deptt. of Public Health Engineering, Mahanadi Mantralaya, Naya Raipur, Post Office and Police Station Naya Raipur, District Raipur Chhattisgarh.
3 - Chief Engineer, Department of Public Health Engineering, Bilaspur Division, Bilaspur Chhattisgarh.
4 - Executive Engineer, Deptt. of Public Health Engineering, Sub Division Takhatpur, Dist. Bilaspur Chhattisgarh.
5 - Superintending Engineer, Department of Public Health Engineering, Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh. ... Respondents
For Petitioner : Mr. Vivek Kumar Agrawal, Advocate
For State : Mr. Khulesh Sahu, Panel Lawyer
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
21.08.2024
“10.1. That, this Honble Court may kindly be pleased to direct the
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respondent authorities to consider the case of the petitioner for grant of promotion according to the circulars dated 13/07/2015 and 16/02/2015 to the Post of Either "Mechanic" or "Driver" with all consequential benefits within specific time period.
ii. Cost of the petition may also be granted to the petitioner.
Iii. 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. ”
was appointed to the post of ‘Helper’ on daily wages in the year 1988 under the respondents and he continued on the said post till 1991. He would further submit that the service of the petitioner was terminated and he challenged the order of termination before the learned Labour Court and Industrial Court, wherein order of reinstatement was passed along with back wages in the year 1997. He would also submit that the service of the petitioner was regularized on 14.08.2008 on the said post and he was posted at Takhatpur Sub Division. He would contend that the petitioner was having all the requisite qualification and experience for promotion to the post of Mechanic/Driver, but his case was not considered by the respondent authorities without any reason; thus, he would pray that a direction may be issued to the respondent authorities to consider the claim of the petitioner for promotion.
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Therefore, in the opinion of this Court, no case is made out for grant of any relief. Accordingly, the instant petition fails and same is hereby dismissed .
Sd/-
(Rakesh Mohan Pandey) Judge
Nadim
1 issue framed by the court
Whether a Helper regularized in 2008 was eligible for promotion to Mechanic/Driver requiring 10 years' service experience on the post of Helper.
Raju Singh Porte
State of Chhattisgarh
Engineer In Chief, Deptt. of Public Health Engineering
Chief Engineer, Department of Public Health Engineering, Bilaspur Division
Executive Engineer, Deptt. of Public Health Engineering, Sub Division Takhatpur
Superintending Engineer, Department of Public Health Engineering, Bilaspur Division
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
