Y. M. MEHER RAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been takenup through video conferencing.

(2.) The petitioner was earlier working as SubEngineer in erstwhile State of Madhya Pradesh. He was allocated to the State of Chhattisgarh upon reorganization of State of Chhattisgarh w.e.f.1.11.2000. Before he could be allocated to the State of Chhattisgarh, he was also selected by the Madhya Pradesh Public Service Commission on 25.5.1999 by way of direct recruitment, but he was not appointed and he continued as SubEngineer and allocated to the State of Chhattisgarh. For the first time on 9.9.2005, the petitioner filed a writ petition being Writ Petition No.4629 of 2005 before this Court for his consideration on the post of Assistant Engineer, in which this Court on 07.10.2005 directed for consideration of his representation, which the respondentState considered and ultimately, by order dated 28.11.2005 (Annexure P11) rejected his representation holding that there is no post available for appointing the petitioner on the substantive post of Assistant Engineer by way of direct recruitment, against which, the petitioner has filed this writ petition on 7.7.2008 after a period of approximately 3 years.

(3.) Mr.Aman Saxena, learned counsel for the petitioner, would submit that the petitioner was selected by the Madhya Pradesh Public Service Commission on the post of Assistant Engineer, but he could not be appointed and in the meanwhile, he was allocated to the State of Chhattisgarh and his representation has been rejected totally on untenable grounds. He would further submit that the petitioner is meritorious candidate and therefore, the respondentState be directed to consider his case on the post of Assistant Engineer.