HIGH COimT OF CHHATTISGARH, BILASPUR W.P.tSl No. 6993 of 2007 PBTITIONER RESPONDENT8 Ashok Singh, s/o Sbri Shiv Kumar, aged about 38 years, R/o Laxmiaagar, Ekta Chowk, Betiind Marble Line, Raipur, Chliattisgarh Versus 1 Union of India fhrough fhe Secretaiy, Departmeat of Coxnjnuiucation Sauchar Bhawau, 20, Ashok Road, New Delhi, 110001 2 Bharat Sauchar N^ani Limited (Govenuaent of India Enterprise) fbrough Chauinan and Managing Director, Corporate office at Harischaadra Mafhur Luie, Janpath, New DeBu 110 001. 3 Chief Cteneral Manager, Teleconuaunications, Bharat Sanchar Nigana Limited, Chhatdsgarh Telecom' Circle, Raipur(CG) (Writ Petitioa under Artlcle 226 of the Coastitution of Indla) Appearance: Shn Ajay Shrivastava, counsel for the petitioner. Shri Manish Sharma, Advocate appears on behalf of Shri. Abbishek Sharma, Counsel for respondent No. 1/Union of India on advance copy. ORAL ORDER (23.11.2007) SUNIL KUMAR SINHA, J. Heard finaUy with the consent of the parties. Leamed counsel for the petitiouer submits that the petitioner belongs to Scheduled Caste and he was appointed on 9.1.1995 on fhe post ofJuiuor Telecoiu Of&cer. Presentty, fhe petitioner is workmg on the post of Sub-DwisionaI Engineer (MobUe) at Raipur iu Chhatdsgarfa Telecoia Circle, Bharat Saachar Nigam. H ^l•a n ¥- W.P.fS\No. 6993 of2007 The grievance of fhe petitioner is fhat he was not ass^ned seniority on fhe post of Sub-Divisional Engiaeer from fhe date of officiating the post i.e. from 11.8.2000 up to the actual promotion order dated 1.5.2002. Moreover, Iie is claimmg that he is entifled to seuiority and notional yearly inorements from the date when the post was vacaat for Schediiled Caste candidate accordiag to the roster of Govenumeat of India between the period of 9.1.1995 to 22.7.1996. The petitioner reUes on circular No.5-7/98 DE dated 6.11.1998 (Annexure P-2) which reads fhat- "All qualified JTOs induding TES Group 'B' officers promoted against the vacandesfor 1994-9S: 1995- 96 and 1996-97 fup to 22.7.96) shall also be eHgible for dppearing in the competitive part of ihe combined limited Departnwntal Exarnination and will be entitled for ihe seniority whichever is benefidal to thenf Learued counsel for the petitioner subxnits that fhe seniorily of the petitioner should be fixed according to this circu}ar aad necessary directions are required to be issued in this regard. He subuuts that the petitioner has ffled inaay representations ia this regard, but fhe eoncemed aufhorities of fhe respondents are not taktng aay action on the representations filed by the petitioner. He further subnuts fhat for tbe present, fhis petition inay be disposed ofwifh a liberty to fhe petitioner to file a fresh representation before the conceraed authorily and the concemed authority inay be directed to dispose of the said representation at the earliest. This limited prayer made by leamed counsel for the petitioner is not opposed by leamed counsel for the Uaion of India, who is appearm.gon advaace copy. The prayer is allowed. » .:'N -rifi^. l^ -3- W.P.(S>.No.6993 of2007 Ka B It is directed fhat if so advteed, the petitioner may file a fresh representation along with a copy of this order and a copy of writ petition before fhe concemed authority within a period of 3 weeks froin today aad if such a representation is filed, the conceraed aufhority shall dispose of/process the sanie in accordauce wifh law for its final decision at the earliest aud fhe authority, who is to decide the niatter shaU also expedite earlier disposal ofthe representation. With the aforesaid observations/du-ections, fhis petition stands finaUy disposed of. -—— Sd/- Sunil Kumar Sinha Judge @ B ^M» i ^- i^