1 - Kulesh Kumar Diwan S/o Lilam Singh Diwan Aged About 29 Years Currently Posted As Peon At, Collectorate Office, Mahasamund, District Mahasamund, Chhattisgarh.

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... Petitioner

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, Revenue And Disaster Management, Mahanadi Bhavan, Nava Raipur, District Raipur, Chhattisgarh.

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2- Collector District Mahasamund, Chhattisgarh

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3 - Shri Mukesh Tiwari Assistant Grade 3, Office Of Sub-Divisional Office, Tehsil Basna, District Mahasamund, Chhattisgarh

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... Respondents

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For Petitioner : Mr. Ghanshyam Kashyap, Advocate For Respondent-State : Ms. Nupur Trivedi, Panel Lawyer

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SB: Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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03/10/2024

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This petition has been filed by the petitioners seeking for the following relief(s):-

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“10.1. That, the Hon'ble Court may kindly be pleased to quash the impugned promotion order dated 13.04.2023 (Annexure P/1) issued by the Collector Mahasamund, District – Mahasamund, Chhattisgarh.

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10.2 That, this Hon’ble Court may kindly be pleased to direct respondent authorities to consider the petitioner for the post of Assistant Grade III from the post of Peon in the respondent department.

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10.3 That, this Hon’ble Court may kind enough to

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grant any other relief(s) which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Learned counsel for the petitioner submits that the petitioner was appointed on the post of Peon in the Office of Respondent No. 2/Collector as Scheduled Tribe (PH) Category vide order dated 22.09.2014 (Annexure P/2). According to the service rules, petitioner will be eligible for promotion, after completion of the prescribed period of service. Petitioner thereafter, was selected on the post of Pharmacist (Ayurved) in the Directorate of Ayurveda, Yoga and Natuorpathy, Unani, Siddha and Homepathy (AYUSH) and the name of the petitioner in the order dated 11.03.2022 is at Serial No. 23. He contended that the petitioner after tendering technical resignation gave his joining at his new place of posting on 23.03.2022. After joining, petitioner submitted an application for his transfer from District – Kanker to District – Raipur. The application for transfer from District – Kanker to District – Raipur was not considered and therefore, petitioner submitted an application for technical resignation stating that the petitioner is disabled person and is facing immense difficulty in traveling from District - Kanker to District – Raipur. Petitioner thereafter, submitted an application for cancellation of order of acceptance of resignation dated 21.03.2022 (Annexure P/5) and to be posted in the Office of Respondent No. 3/Colllector as Peon.

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He submits that considering the nature of grievance raised in the application and the reasons assigned, application submitted by the petitioner for canceling the order of acceptance of resignation was allowed, the order dated 21.03.2022 (Annexure P/5) was canceled and the petitioner was reappointed. Petitioner gave his joining on 23.05.2022 (Annexure P/9) in the office of Respondent No. 3/Collector. Name of petitioner in the gradation list dated 01.04.2020 is at Serial No. 56 and the name of the Respondent No. 3 is at Serial No. 57, however, while passing the order of promotion dated 13.04.2023 (Annexure P/1), the petitioner was superseded and the

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Respondent No. 3 was promoted on the post of Assistant Grade – III. Petitioner submitted representation on 05.09.2023 (Annexure P/12), however, as per instructions, the representation submitted by him was not considered and decided, hence, direction be issued to the Respondent No. 2 to consider and decide the pending representation within specified time.

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On the other hand, learned counsel for the respondents/State submits that as the petitioner is not pressing this petition on merits and is only seeking a direction to decide the representation, he is having no objection. If the representation is still pending consideration, it will be considered and decide in accordance with law.

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I have heard learned counsel for the respective parties and perused the documents placed on record.

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Taking into consideration the facts and circumstances of the case, nature of grievance raised, submission of counsel for the respective parties in particular, submission of the counsel for the petitioner that the representation submitted by the petitioner 05.09.2023 (Annexure P/12) is still pending consideration, without entering into merits of the claim of the petitioner, writ petition is disposed of at this stage with a direction to the Respondents No. 1 & 2 to consider and decide the representation dated 05.09.2023 (Annexure P/12) in accordance with law on its own merits, expeditiously, preferably within a further period of 02 months from the date of receipt of the order, if already not decided.

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With above observation and direction, the writ petition stands disposed of.

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Sd/-

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(Parth Prateem Sahu)

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JUDGE

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Dey

Kulesh Kumar Diwan v. State of Chhattisgarh

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Kulesh Kumar Diwan v. State of Chhattisgarh

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