-oa4arb 1N THE HIGH COURT OF BILASPUR AT CHHATTISGARH WRIT PETITION (S) No. (WM) OF 2010 PETITIONER ' D1str1ct Ralgarh (C.G.) VERSUS RESPONDENTS‘ : 1) /State of .Chhattisgarh, Through : Secretary, Tribal Welfare Department, D. K. S. Bhawan, Mantralaya, Raipur (C. G.) 7 SINQLE BENCH k/ Dashrath Ratre, S / o. Shri Chhotu Ram Ratre, aged about44years workmg as Chowkldar M1dd1e School Jamrag1 , Block,‘ 2) 3) / Commissioner, Tribal Welfare Department Raipur, Distt. Raipur (C. G.) (”Assistant Commissioner, Tribal Welfare Department Raigarh, Distt. Raigarh (C. G.) Murlidhar Sharma, S/o. Keshav Prasad Sharma, Assistant Grade-III, Govt. High School Bijana, Block Tamnar, Raigarh Distt. Raigarh (C.G.) @f? WRI\ Shyarh Sunder Patel, S/o. Jhaneshwar Patel, aged about 38 years, Assistant Grade—III, office of the Block Office, Dharamjaigarh, Raigarh District Raigarh (C. G.) T PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB : I-LON’BLE M3. JUSTICE PRITINK ER DIWAKER 09.12.2010 Shri Harish Khuntiya counsel fox the petitioner. Shri Praveen Dag, Dy, GA. for t State. By this petition, the petitions has prayed for issuance of direction to grant benefit of promotion ith all consequential benefits, It is submitted that the petition who was initially working as Sontingenoy Paid EmployeejDaily Wa e Employee with effect from 289.87, later on, after completion of three years as a Daily Wage employee, appointed as an employee of Work charged Establishment. Earlier, the petitioner had filed a petit on before this Court claiming regularization and promotion, wherein an order was passed directing the respondent authorities to decide the representation. In compliance of order passed by this Court, the Assistant Commissioner, Tribal Development passed an order on 20.5.08 holding that as no vacancies are available, case of the petitioner would be considered on availability of vacancy as also in View of the appropriate directions by the State Government with regard to fiiling up the backlog post. Finally, vide order dated 16.02.09 (Annexure P/2) the petitioner has been granted re gular appointment on the post 3f Peon. Counsel for the Petitioner sutmits that as reps. 4 85 5 who were appointed after 31.12.1988 i.e. after the appointment of the petitioner as Daily Wage employee, ha Je been regularized/promoted an the post of Peon, therefore the pet tioner is also entitled for the same benefit. From the averments made in the petition and the grievance raised in the representation, it is found that the petitioner has claimed promotion to the post of Assistant Grade~lll. However, the date on which, resps. 4 65 5 were regularly appointed as Peon has not . ..................................... mm ‘gi 200 ..............................................m ................................................ mm WW wm mm .. Wammm . $Wm been disclosed in the petition; From a perusal of order dated 20.5.08, it is clear that all these personS were granted regular appointment prior to the petitioners The petition er has made representation on 29. 10.20 10 claiming promotion on the: ground that persons appointed "\ after him, were regularized and then gromoted. Taking into consideration, the nature of gievance involved in this petition, it would be open for the respondent authorities to consider the grievance of the petitioner and take appropriate decision on the same, in accordance with law. With the aforesaid direction, the petition is finally disposed of. Sd/— Pritinker Diwaker' Judge