r**cw_!LW .IjrWffT-;-"':•-^^ <^A-\ ^SNIal.E BEIICy IN THE HIGH COURT OF CHHATriSGARH AT BILASPUR W.P. N0. ^T-s /2006 PETITIONER / ^v^ ^sy ^M^ B. Prasad Yadav, aged about^59_^eMs^«^-i S/o. Late Shri Ganesh Prasad Yadav, Occupation- Executive Engineer, Electrical & Mechanical P.H.E. Department, R/o. PHE Colony, New Panchsheel Nagar, Raipur, District- Raipur (C.G.j. .^.^•^ '^'/y ^^ VBKSUS RESPONDENT ^1. State of Chhattisgarh, Fhrough: The Secretaty, Public Health Engineering Department, D.K.S. Bhavan, Raipur (C.G.) . ^.^ --Secretaiy, General Administration ^ Department, .^•t4<& J t\\6 .<«. D-K-S- Bhavan, Raipur (C.G. .O-"' ^3. Engineer-in-Chief, Public H( ^ c^y° Engineer-in-Chief, Public Health Engineering Department, Civil Lines, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS. PROHIBITION. CERTIORARI ETC. OR ANY OTHER DIRECTION OR ORDER TO DO JUSTICE IN THE MATTER XI-HC-22 •g-5f "tll^ld'q, ®;(ftWT?,fsRTR'y 2fn^i'3ri f^'liai'arg'CT g;tira"Bf5?t X .:..t0..^.^6.,...^..^ 2, 3*1^?; i^ciTwais^ §-5.2006 Mr. Sunil OfrAani, counssl S Khare has besn pronaoted to the promotlon from the post of supenntenaent tngineer. !ns supsrannuation on 31s" Ootcber tearned counsel for respondent TPlfepfr-i •WRff •?' •ftcSt^RSR 4?3lf;OT 311^1 ,r ths psiifionsr. Mr. G.K. Beriwal, Depijity Advocate Genera! for the State/ respondents. Hearti both tbe csunsei. The main gnevance raise^ bythe petitioner, in thls petition, is that the petitioher te working as Exe^utive Engineer (E&M) in the department of Pubiic i-1ealth Engineerihg. H^ is eiigsbie for th®promotion, to the next higher posi i.e. Superintendsnt ^ngineer and one post of Superintandent Englneer is iying vacant.as Stjperintendent Engiriser (E&M) M.r. S.K. (3ost of Chisf Engineer (E&M). in spite of She vacancy, respondents are itot convening DPC for the purpose of Lxecutive Englneer ih® post psntion&r is going to attain the ags of 2006. if the DPC is noi eonvened, ihs psSitloner 13 going to suffer irrepar^ble toss. Time was granted to co4nse} for respondenis to fiie reph/ and was siso askeci so ascertaln from the department as to why DPC is ndt tieing convened. Mr. G.K. Beriwai, Depijty Advocate Generai submi'ted that yestsrday evenlng hs has racely^d a communicatlon from ths office of tha Ensineer-in-Chief. T'ne above communteat'oi^ fe piaced before the Court, therefore, sams is taksn on record. As per' Chief, the post of Superintendent the communication sent by Engineer.in- Engineer had fa'iieri vacant on 1.3.2006 and DPC is not being convenep on aceount of non-availability of the [^•sfig^ XI-HC-22 ~.T3f -^WW-t, 'S^fIPTS, TSR'i an^I'aiT h-A'is s^v ^iw^ -^i^n ^. Sarve IWRR'^W^' A.C.R. <*f eligibie candidates. it js the duty of ihe hsad of ths dspartment by the appraisal authority. On persons who are eiigible for con suffer. Sn the circumstances, it csi<l!fi4::f 'cniRff ^ f^ist TfajtriK ^r sipgi? on^r t& ensure that A.C.Rs are writte<i in time andsares ar®sent for appraisai account of lapse of the department the i^ideration Tor promotionai post should noi s dlrsstsd that ths Eriainaer-in-Chief to ensure that the necessary ACf^s are fi.lfed up by the concerned officer within a period of 2 months ft{i?r1. today and tbersafter, respondents te onvene meeSmg of the DPC in ijns 3 virsek of Juiy 200S for considsration of promotion to the post orSuperi With ihe direction aforesa) Consequently, M.p/V.)P. to.1507/2006 siso sianas tiisposed of. Partfes are entitled for certffied copy ofthis order. intena'ing Engineer. !d, ihe petitton stands cisposed of. Sd;- L.C. Bhadoo Judge