smsga: arm? IN THE HIGH COURT OF BILASPUR AT CHHATTISGARH WRIT PETITION (S) No. «aw/0F 2010 L Lingraj Sao, S/o. Shri Laxfnan Prasad Sao, aged about 46‘ years, working as Waterman, Govt. Girls Higher Secondary School, Dharamjaigarh, Block- Dharamjaigarh, District Raigarh (C.G.)‘ PETITIONER VERSUS RESPONDENTS : 1) / State of Chhattisgarh, Through : Secretary, Tribal Welfare Department, D. K. S. Bhawan, Mantralaya, Raipur (c. G.) 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 Schodl Bijana, Block Tamnar, Raigarh, Distt. Raigarh (C.G.) / 5) Shyarn Sunder Patel, S/ o. Jhaneshwar Patel, aged about 38 years, Assistant Grade—III, office of the Block Off1ce, Dharamjaigarh, Raigarh District Raigarh (C. G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Shri Hari$h Khuntiya counsel fcr the petitiomzr. Shr‘i Prayaen Das, Dy. CnA. far the StateK By this petition, the petitioner has prayed for issuance of direction to grant benefit of promotion with all consequential benefits. It is submitted that the petition er who was initially working as Contingency Paid Employee/Daily Wage Employee with effect from 15.9.87, later on, after completion ol three years as a Daily Wage Work charged Establishment. Earlier, the petitioner had filed a peti ion before this Court ciaiming regularization and promotion, Where an order was passed directing de the representation. ln compliance of order passed by this Court, the Assistant Commissioner, Tribal Development ssed an order on 205.08 able, case of the petitioner would be‘oonsidered on availability of vacancy as also in view of the appropriate directions by the State ernment with regard to filling up the backlog post. Finally, Vide or er dated 16.02.09 (Annexure P/3) the petitioner has been granted gular appointment on the post of Peon. Counsel for the Petitioner su mits that as reps, 4 8s 5 who were appointed after 31.12.1988 i.e. after the appointment of the petitioner as Daily Wage employee, h ve been regularized/promoted on the post of Peon, therefore the pe itioner is also entitled for the same benefit. /‘ v_ ’1 employee, appointed as an employee o the respondent authorities to holding that as no vacancies are raised in the representation, it is nd that the petitioner has claimed promotion to the post of As.istant Grade—III. However, the date on which, resps. 4 85 5 were regu arly appointed as Peon has not Ml i d i a 'l a v u x1.Hc—22 “9' \ 3a W, WW, W W HzP1MNa $5200 kn . W131 am W 311%! mW mam mm Hfsa ‘ W a?W 31W if mm 12??W SB : HON’BLE MR. JUSTICE PRITINKER DIWAKER D9. 12.2010 XI—HC—22 Taking into consideration, the this petition, it would be open for consider the grievance of the petitione on the same, in acoordance with law. With the aforesaid direction, the petition is finally disposed of. ‘—f—o Sd/- Pritinker Diwaker Judge nature of gievance involved in the respondent authorities to “ and take appropriate decision . .....................................‘gi 200 mm .............................................. ................................................ m m W 311%?1 WW mmmm i 52, mmw@Hnm@Woe@w@§m e; 31W W been disclosed in the petition. From a perusal of order dated 20.5.08, it ie clear that all these persons were granted regular appointment prior to the petitioners. The petitioner has made representation on 29. 10.2010 claiming promotion on the ground that persons appointed after him, were regularized and then promoted