EN THE HIGH COURT OF J3DICATURE AT BILASPUR (C.G.} WRIT PETITION No. 42 g3 /2oo4 PETITIGNERS 1. Rajesh Gupta, S/o. Shri LB. Gupta, Aged about 4O years, Assistant Engineer, P.H.E. Sub—Divisian, Mungeli, District Bilaspur (C.G.). Rs. Thakur, S/o. Shri SS. Thakur, Aged about 53 years, Assistant Engineer, P.H.E. Sub—Divn. Gharghoda, District Raigarh (C.G.). H.K. Chandaniha, S/o. Shri S.B. Chandaniha, Aged about 41 years, Assistant Engineer, Presently Working as Adhoc Executive Engineer, P.H.E. Ground Water Recharge Division, Bilaspur (C.G.) ’ Atul Kumar Malvey, S/o. Shri B.G. Malvey, Aged about 39 years, Assistant Engineer, P.H.E. Project Cell, Durg (CG). Sanjeev Kumar Brijpuriya, S/o. Shri MP. Brijpuriya, Aged about 3Q years, Assistant Engineer, P.H.E. Project, Sub-Division, Bilaspur (C.G.) VERSUS RES?ONDENTS l. State of Chhattisgarh, ' Through its Secretary, Public Health Engineering Departi’nent, Mantralaya, D.K.S, Bhawan, Raipur (0G,) 2 . Engineer-in— Chief, Public Health Engineering Department, Raipur (CG) 4' 3. Rakesh Purain, Assistant Engineer, Presently working as Incharge Executive Engineer, P.H.E. Division, Mahasamund (C.G.) x 4, Kailash Madhariya, ASsistant Engineer, Presentb/ working as Incharge Executive Enginear, REE, Division, Raipur (C.G,) 5. Mahendra Kumar Mishra, Assistant Engineer, Presently working as Incharge Executive Engineer, RHE. Division, Korba (CG) WRE’F ?ETITIQN UNDER ARTECLE 22é OF THE CONSTI’E‘UTEGN @E‘ E§E§EA FER ES$UANCE GF WM? EN THE EQATURE OF MAN§AMU§, CERTEORARI AND FOR QTHER SUETABLE WEE? GR WRET37 GRDER GR QRDERS, DERECTEOE OR DERECTIGNS. Petitiolmrs by Shn‘ Maninudra Sm'vastava, Sr. Advocate with Shri Amit Verma, Advocata Raspondents No. 1 and 2 by Shn' G. K. Bmiwal, Deputy Advocata Ganeral. Respondents No. 3 rto 5 by Shn' Sanjay K. Agarwal, Advocata. Heard. It is. submittGd by leaned counsel for the petitioners that tha peiitioners are working as Assistan’t Engineers in the Public Health 85 Engmeen'ng Department The respondexlts are not holdmg meetixxg of D.P.C. for promotion to. the post 'of Executive Engineer. Rule 13 (2} of the Chhattisgarh Public Health Engh‘leering (Gazetted) Service Rules, 1980 provides for holding Departmental Promotion Committee for the purpose of promotion to the next higher post regularly. Rule 13(2) reads “the Committee shall meet at intervals ordinarily not exceeding one yeai". The petitioners submit that after the year 1999 no meeting of the Departinental Promotion Committee has been held till-wdate for promotion to the post of Executive Engineers. I‘t‘ is further submitted by learned counsel for the petitioners that the responden:s are posting the juniors in the cadre of the Assistant Engiiieers, to the post of Executive Engineers giving as current charge. or additional Charge (asW) XI—Hc—22 , 3mm Wm a1 200 "NW . mmmw WW wW agmwm 27.6.2005 XI—HC—22 XI-HC—22