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Sunita Sao Vs State Of Chhattisgarh And Ors

Case No: Writ Petition (S) No. 1356 Of 2009

Date of Decision: Feb. 28, 2019

Hon'ble Judges: Ajay Kumar Tripathi, CJ

Bench: Single Bench

Advocate: Deepali Pandey, Jitendra Pali, Faiz Kazi, B.D. Guru, Rajeev Shrivastava

Final Decision: Dismissed

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Judgement

Ajay Kumar Tripathi, CJ

1. Heard learned counsel for the Petitioner and the learned counsel for the Respondents.

2. List of the candidates otherwise qualified for promotion to the post of Deputy Director came to be issued by the Chhattisgarh Public Service

Commission (for short 'the CGPSC') in terms of the directions made on adjudication in a batch of writ petitions, one of them being Writ Petition (S)

No. 599 of 2005, decided on 16.11.2005.

3. On the basis of the said decision and direction of the writ Court, the CGPSC re-issued the list of eligible persons who were to be appointed and

have been appointed and they have been working as such for more than a decade and a half.

4. Merely because the Petitioner chose to file the present writ application alleging things as to the award of marks etc. to the selected candidates, the

same is not required to be entertained because the option available to him was to assail the order of the learned Single Judge at whose directions the

fresh list of Deputy Directors were notified by the CGPSC with only one rectification since nothing adverse was found in the previous list as such and

they have been holding the post since then.

5. The writ application therefore is dismissed being devoid of merit. Any indulgence would amount to review of the earlier order of a coordinate

Bench, if not re-adjudication.