9, JMQ ® IN THE HIGH COURT OF JUDICATURE Am BILASPUR (C.G.) w.P. No....&,4}-01.L....../2oo4/ \ PETITIONER Ramdas Ghidorey aged about 41 years' S/O Late Shri D.P. Ghidorey A}? if Training , Women Polytechnic ¢"V§$X College Campus, Byron Bazar, (Incharge) Deputy Director, Directorate of Employment & , # " - Raipur R/O Senior M.I.G. D/l27, Vijeta Complex New Rajendra Nagar, Raipur (Chhattisgarh) VERSUS RESPONDENTS l. State of Chhattisgarh Through the Secretary Department of Education (Technical Education) D.K.Sy Bhawan Mantralaya Raipur (Chhattisgarh) 2. Director Employment & Training State of Chhattisgarh D.K.S. Bhawan Mantralaya, Raipur (Chhattisgarh) (7,, PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ’ ISSUANCE OF APPROPRIATE WRITS OF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS:- $3 HIGH COURT OF CHI-IATTISGARH : BILASPUR W111 Petition No. 1401 of 2004 Petitioner Ramdas Ghidorey Versus Respondents The State of Chhattisgarh 8r, another WRIT PETITON UNDER ARTICLE 226 OF THE CONS’U’I‘U’I‘ION QE‘ INDIA. (SB: Hon’ble Shri Satish K. Agnihoui J.) » 3:9 Shri Jitendra Pali, Advocate for the petitioner. Shri P. K. Bhaduri, Advocate for the respondents. ORDERIOrau (Passecl on this 8th day of October, 2009) Heard. 1. The petitioner has filed this petition seeking a direction to the respondents for completion of the pending departmental enquiry and grant of promotion, thereafter. 2. It has been brought to the notice of this Court by learned counsel appearing for the State that the departmental enquiry has already been concluded and the decision has been taken to close the departmental enquiry by order dated 30.5.2007 (Annexure R12). 3. In View of the foregoing nothing survives for adjudication. If the petitioner has been exonerated fully in departmental enquiry; the sealed cover process, kept by the respondents State, may be opened and the appropriate relief may be granted to the petitioner. 4. Learned counsel appearing for thej’petitioner submits that in Coal India Ltd. and others Vs. Saxoj Kumar Mishral Hon’ble Supreme Court has held that once the sealed cover is opened ‘ (2007) 9 sco 625 ._;/ and the petitioner is allowed the beneiit of the recommendation of DPC by giving him promoh'on to the next higher grade, he shall be entitled for all consequential benents fmm the date his immediate junior got the same. Thus, the respondents may be directed to open the sealed cover and may pass order accordingly with all consequential benents. It is for the employer to grant 'benehts to the petitioner in § accordance with the recommendations of the D.P.C. kept in the sealed cover, as per the entitlement of the petitioner. At this stage it does not seem appropriate to direct the respondents to adopt a particular process. In View of the foregoing, this petition stands disposed of. No order // asto costs. Sdl- Sau'sh Kp Agmhom Judge