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Judgment
Proceedings of this matter have been takenÂup through video conferencing.
The petitioner was earlier working as SubÂEngineer 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 Sub Engineer
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 respondentÂState considered and ultimately, by order dated 28.11.2005 (Annexure PÂ11) 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.
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 respondentÂState be directed to consider his case on the post of Assistant Engineer.
On the other hand, Mr.Ravi Bhagat, learned Deputy Government Advocate for the respondents/State, would oppose the writ petition and submit
that upon representation being made by the petitioner and pursuant to order of this Court, the petitioner's case has been considered by the State of
Chhattisgarh and by order dated 28.11.2005 his representation has been rejected holding that there is no post available for appointment by way of
direct recruitment and that order has not been challenged by the petitioner in this writ petition. Therefore, order rejecting representation dated
28.11.2005 (Annexure PÂ11) has become final as there is no post available and as such, the writ petition deserves to be dismissed.
I have heard learned counsel for the parties and considered their rival submissions made hereinabove and also went through the records with utmost
circumspection.
It is not in dispute that the petitioner while working as SubÂEngineer in the State of Madhya Pradesh was also selected by the Madhya Pradesh
Public Service Commission on 25.5.1999 vide Annexure PÂ3 and he was subsequently allocated to the State of Chhattisgarh. For the first time, on
8.9.2005 he filed a writ petition for consideration of his case for appointment on the post of Assistant Engineer, in which this Court directed for
deciding a representation and pursuant to order of this Court, the petitioner made representation to the respondentÂState, which was decided by the
State of Chhattisgarh on 28.11.2005 in which the State of Chhattisgarh has clearly held that there is no post of Assistant Engineer for direct
recruitment is available and thereafter, after appropriately 3 years, this writ petition was filed on 7.7.2008, but there is no challenge to the order
rejecting representation dated 28.11.2005, in which the State Government has clearly held that post of Assistant Engineer for direct recruitment is not
available, as such, finding of the State Government that there is no post of Assistant Engineer for direct recruitment is available has become final in
absence of valid challenge to that order. As such, no direction can be issued as the State Government has clearly held that no post of Assistant
Engineer for direct recruitment is available and that order has not questioned by the petitioner in this writ petition.
Similarly, the petitioner was selected on 25.5.1999 by the Madhya Pradesh Public Service Commission and first writ petition i.e. Writ Petition
No.4629 of 2005 was filed by him on 9.9.2005. When his representation was rejected by the State Government on 28.11.2005, again the present writ
petition was filed by him after appropriately 3 years on 7.7.2008. Even otherwise, in order of selection of the petitioner on 25.5.1999 he was stood
No.2 in supplementary list and it has clearly been stated in the order dated 25.5.1999 that if there will be no candidate in main list, then he will be
appointed. Nothing has been brought on record to hold that at that point of time he became entitled to be appointed as candidate to be appointed from
supplementary list as per order.
For the foregoing reasons, I do not find any merit in this writ petition. The writ petition being devoid of merit is liable to be and is hereby dismissed.
No order as to cost(s).