ANUP KUMAR CHATURVEDANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and fact is involved in both the writ petitions, they were clubbed together and heard together and are being disposed of by this common order.

(2.) Petitioner K.C. Vishwas {W.P.(S)No.7156/2010) was appointed on the post of Agriculture Development Officer on 26-6-1983 against General category post and he was promoted to the post of Senior Agriculture Officer under General category post on 5-6-1997 and he continued to be shown as officer under General category in the gradation list as on 1-4-1999 and as on 1-4-2003, however, in the gradation list published on 1-4-2004, he was shown to be member of Scheduled Caste (SC) category and in the year 2006, his case was considered for promotion against SC category on the post of Assistant Director (Agriculture) on which by order dated 30-12- 2006, he was selected and appointed on the said post under SC category as SC candidate. Appointment of K.C. Vishwas was questioned by Anup Kumar Chaturvedani {petitioner in W.P.(S) No.5615/2008} stating inter alia that K.C. Vishwas does not belong to SC category, he is general category candidate and he (Anup Kumar Chaturvedani) belongs to SC category and, therefore, K.C. Vishwas is not entitled and eligible to be promoted on the post of Assistant Director (Agriculture) and thus, his appointment be quashed and he (Anup Kumar Chaturvedani) be appointed on that post and he be given all consequential benefits. Thereafter, on 8-7- 2008, notice was issued by the State Government to K.C. Vishwas {petitioner in W.P.(S)No.7156/2010} that why his promotion on the post of Assistant Director (Agriculture) against SC category, be not quashed, as he is not the member of SC which K.C. Vishwas replied that he had applied for caste certificate and it will be filed, and despite the second show cause notice dated 26-7-2010, caste certificate could not be filed and ultimately, on 25-11-2010, the appointment of K.C. Vishwas has been cancelled and he has been reverted to his original post which has been called in question by him in W.P.(S)No.7156/2010.

(3.) Reply and rejoinder have been filed in both the writ petitions. W.P.(S)No.7156/2010 (K.C. Biswas v. State of Chhattisgarh and others)