I -i-9 ^o..^-«. .7.--^vs5^y .^-^:s^-^.. •^^^^s0^---""" -"J'S^A-^-^" / --t- h~, " • i INTHEHIGH CQURT OF CHHATTISGARH AT BILASPUR IC.G.I W. P.lsl N0. .....y..^J?..../2010 SJg^gg.E BEIJI Vidha Ram Sahu, S/o Chintaram Sahu, aged about 59 years, R/o Village Tildega Tahsil- Patthalgaon, District Jashpur (C.G.) PETITIONER RESPONDENTS VERSUS 1. State of Chhattisgarh through Secretary Tribal KBslfair Department D.K.S. Bhawan, Raipur (C.G.) 2. Commissioner Tribal Walfair Departinent, Raipur (C.G.) 3. Assistant Commissioner Tribal BeUair, \-t3t5l{»-'''^ Department, Jashpur Nagar (C.G.) 4. Dinesh Rara S/o Parasnath Ram, Office Superintendent, in the office of Assistant Commissioner Tribal U0Qlfair Department, Jashpur Nagar (C.G.) ^ WRIT PETITIQNUNDER ARTICLE226 OF THE CONSTITUTION OF INDIA ^ ^3 ^y^K^rif rfT<^ JP^* t^*t: 3 i t C JS •Ify-^ft' t^^ JT^*^. s, 7*h<»^ 3 ?"-^ 3 i " ^'t^ 7'Hhi i ?"Th- HIGH COURT OF CHHATTiSGARH : BiLASPUR (VRIT_PETmQN (31 PET'TIONER RESPONDENT State of Chhatiisgarh & Othere fvVrit Detition unoer Articie 226 of the Constitution of india) Single Bench : Hon'bte Shri Satish K. Agnihotri, J. Present:- Shri Rajesh Jain, counsel for the petitioner. Shri M.P.S. Bhafis, Dv. Govi. Advocate for- ORDER(OF (Passed on this 3 of February, 2010) ?ith the consent of iearned counsel apDeanng for the parties. the pentson re neara nnaiiy. Bv tKis oetition. the oetitioner seeks to issue a direction to the resoondent authonties to nrant nim oromocon ana ot consequentiai benefits from the date hisjunior i.e.jespondent No.4 was promoted to the posi of Junior Accounts Cfficer. Learned counse! appearing for the petitioner submits thni initiaiiy the oetitioner was aDpointed as LDC in the vear 1972: thereafter he was promoted to the posts of UDC, Accouniant and on 30-1-2008 to the post of Junior Accounts Officer. The main oetitioner is that the resDondent No.4 initiaitv ioined 1977 on the oost of LDC, whereas the petitif servics in 1972. but in the aradaflon list of Junior lea in the the name of resoondent No.4 is shown at S.No.3 and his date of oromotion was shovm as 17-6-1992 whereas the narne of the •petitioner Is sho'.vn at S.No.10 and his date of promotion was snown as "herefore. the petitioner seaks ^s ^ promotion and other consequential benefrts aiong with the rssDondent No.4. ies. Berused ths pleadings and the documents sppended thereto. The petitioner is ciaiming promotion at par with the respondent No.4 on the basis of his initiai aDDointment. as the respondent No.4 •vas appointed in the year 1977 snd the petitioner was appointed in the vear 1972. Several oromotions were granted thereafter to the petitioner snd ths respondent No.4. The petttioner has not Droduced anv other document to indicate that v?hen the respondent No.4 superseded, he has raised any objection. The gradation iist, as on 1-4-2008, cireulated on 3-1-2009, indicates that the petitioner was junior to the tetter that if the emDloyee has any obiection, he mav make a representation for amendment/correction in ttie aradation tist within a period of one month. It is not ciear asto whether the petitioner has made anv representation to the State Govemment or not. Once the seniority has been estabiished, same cannot be iooked into. The Detitioner has not shown anv other ground to consider his case for grant of promotion treating him senior to the respondent No.4. For the reasons stated hereinabove, the writ oetition fails and is Gowri ^s^inni<£'c.sri ialr ti^£s ^zisu nooisu isa^ iiiac Sd/- SATISH K. AGNMOTRI Judge