D.S. PAROHA Vs. STATE OF C.G

JUDGEMENT

(1.) RESPONDENT No.3/petitioner, after completing his B.E. (Civil) in the year 1978, was appointed as Junior Engineer in Raipur Development Authority (for short 'RDA') on 19.10.1979. The appellant was appointed as Assistant Engineer in RDA on 28.05.1980. Respondent No. 3 claimed before the writ Court that the State Government, by order dated 27.05.1980, took a decision to treat all the graduate Junior Engineers as Assistant Engineers and Diploma holders as Sub-Engineers. The local bodies of the State Government adapted the aforesaid decision of the Government. The RDA also resolved on 04.09.1981 to abolish the post of Junior Engineer and to have the post of Assistant Engineer and Sub-Engineer by fixing the cut-off date to the said nomenclature on 27.05.1980. Further, an order dated 10.09.1981 was also passed treating respondent No. 3 as Assistant Engineer. Respondent No. 3 therefore, was senior to the appellant as he became Assistant Engineer on 27.05.1980 and the appellant was appointed as Assistant Engineer on 28.05.1980. Later on, by an order dated 31.12.1987, the appellant and respondent No. 3 both were promoted to the post of Executive Engineer, but the name of respondent No. 3 in the gradation list of Assistant Engineer was below the name of the appellant. Therefore, a representation was filed and when no action was taken on the representation and there was likelihood of further promotion to the post of Chief Engineer, respondent No. 3 filed the writ petition for grant of promotion to the post of Chief Engineer by treating his seniority as Assistant Engineer w.e.f. 27.05.1980. On 29.06.2006 the representation of respondent No. 3 was rejected. Thereafter by amendment dated 18.11.2006 the order of rejection of the representation was also challenged by respondent No. 3.

(2.) THE writ Court held that respondent No. 3 was promoted as Assistant Engineer w.e.f. the date, the cadre of Junior Engineer came to an end. The writ Court further held that by order dated 27.05.1980 (Annexure-P/2 in writ petition), the post of Junior Engineer was abolished and the graduate Engineers were directed to be treated as Assistant Engineer with immediate effect. The writ Court also held that on combine reading of the circular dated 27.05.1980 (Annexure-P/2) and subsequent order dated 10.09.191 (Annexure-P/4 in writ petition), it was evident that respondent No. 3 was born in service as Assistant Engineer on 27.05.1980 and the appellant born as Assistant Engineer on 28.05.1980, and thus, respondent No. 3 was senior to the appellant. Respondent No. 3 became Assistant Engineer immediately on 27.05.1980 when the cadre of Junior Engineer was closed and all graduate Engineer started working as Assistant Engineer. The writ Court, thus, quashed the order dated 29.06.2006, i.e. order rejecting the representation and directed the respondent authorities to consider the case of respondent No. 3 as well as appellant for selection and promotion on the post of Chief Engineer, in accordance with law.

(3.) ON the other hand, learned appearing on behalf of respondent No. 3, opposed these arguments and supported the judgment and order passed by the writ Court.