Laxmi Prasad Dubey Vs State Of Chhattisgarh And Ors

Chhattisgarh High Court 25 Sep 2018 Writ Petition (S) No. 6273 Of 2018 (2018) 09 CHH CK 0375
Bench: Single Bench

Judgement Snapshot

Case Number

Writ Petition (S) No. 6273 Of 2018

Hon'ble Bench

P. Sam Koshy, J

Advocates

KS Pawar, Shashi Kushwaha, DK Wankhede

Judgement Text

Translate:

P. Sam Koshy, J

1. The present petitioner was working with the respondents as Upper Division Teacher and in the year 2012, the petitioner was promoted to the post

of Lecturer.

2. Grievance of the petitioner is that subsequent to his promotion having been granted, the benefit which the petitioner is entitled for under Rule FR 22

D is not being extended to him by the respondents.

3. Counsel for the petitioner submits that the issue involved in the present case stands squarely decided by this Court in WPS No. 4991 of 2006 vide its

order dated 27.03.2008 and therefore the petitioner is also entitled for the similar benefit. He submits that the petitioner has been making repeated

representations and have also sent notices to the respondents but they have not taken any decision in this regard. Hence, counsel for the petitioner

makes a limited prayer that the representations of the petitioner pending before the respondents may be decided at the earliest.

4. The proposition put forth by the counsel for the petitioner is not opposed by the State counsel.

5. Accordingly, let the respondents 3 & 4 take a decision on the claim of the petitioner as to whether he is entitled for the relief claimed under Rule FR

22 D or not within a period of 90 days from the date of receipt of certified copy of this order. If required, the petitioner may also file a fresh

representation to the respondents 3 & 4 with all relevant documents in support of his claim.

6. It is made clear that this Court has not expressed any opinion on the merits of case so far as the entitlement of the petitioner is concerned. The

respondents 3 & 4 shall verify and scrutinize the case of the petitioner in accordance with the rules governing the field and take an appropriate

decision. If the petitioner is found entitled, the benefit should be released forthwith.

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