Jaikishan Tiwari vs. State Of Chhattisgarh
Held
The Court disposed of the petition by granting the petitioner liberty to file a representation within 7 days. Respondents No. 1, 2, and 3 were directed to consider this representation and take a decision in accordance with the prevailing law and rules within a further period of 15 days. The Court explicitly stated that it had not made any observations on the merits of the case. The principle derived is that when an employee is nearing retirement and seeks consideration for absorption, the employer should process any representation filed in this regard within a stipulated timeframe, without prejudice to the merits of the case.
Facts
The petitioner, Jaikishan Tiwari, an employee of the Commercial Tax Department (GST Bhawan, Naya Raipur), was due to retire on July 31, 2022. He had not yet been absorbed into the department. He filed a writ petition before the High Court seeking directions for his absorption. The State counsel representing respondents 1, 2, and 3 indicated that any representation filed by the petitioner would be decided promptly. Respondent No. 4, Chhattisgarh Infrastructure Development Corporation Ltd., stated it had no objection to the petitioner's absorption into the Commercial Tax Department.
Key Issues
1. Whether the petitioner is entitled to directions for his absorption into the Commercial Tax Department, considering his impending retirement and the absence of an absorption order? (Question of law and fact, concerning service rules and administrative procedures). Petitioner's contention: The petitioner argued that as he was working in the Department of Commercial Tax and was nearing retirement, an order of absorption should have been passed. He sought liberty to file a representation and for the respondents to consider it expeditiously. Revenue/State's contention: The State counsel for respondents 1, 2, and 3 submitted that if a representation was filed by the petitioner, it would be decided at the earliest. Respondent No. 4's contention: Respondent No. 4 stated it had no objection to the petitioner being absorbed in the department of respondent No. 3.
AI-generated summary — verify with the full judgment below
-1- NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4227 of 2022 Jaikishan Tiwari S/o Late Shri Ram Jag Tiwari, Aged About 61 Years, Presently Working as AG-III, Commercial Tax Department, GST Bhawan, Naya Raipur, Chhattisgarh ---- Petitioner Versus
State Of Chhattisgarh, Through Secretary, Transport Department, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh
State Of Chhattisgarh, Through Secretary, Commercial Tax Department, GST Bhawan, Mahanadi Bhawan Naya Raipur, District : Raipur, Chhattisgarh
Commissioner, Commercial Tax Department, Behind Raj Bhawan,civil Lines, Raipur, District : Raipur, Chhattisgarh
Chhattisgarh Infrastructure Development Corporation Ltd., Through its Managing Director, Shastri Chowk, Raipur, District : Raipur, Chhattisgarh ----Respondents For Petitioner – Dr. Sudeep Agrawal and Shri Akash Deep Bandhe, Advocates. For State/Respondents No.1 to 3 – Shri Avinash Singh, Panel Lawyer. For Respondent No.4 – Shri Ashish Shrivastava, Senior Advocate with Shri Rohishek Verma, Advocate Hon'ble Shri Justice
Rajendra Chandra Singh Samant Order on Board 23-06-2022 Heard.
At the outset, learned counsel for the petitioner submits th
The judgment continues below.
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