AKASH DUBEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein calls in question the order dtd. 26/8/2011 (Annexure P-1) by which his representation has been rejected and his seniority has been directed to be reckoned from 23/4/2005 and he also eventually calls in question the order dtd. 7/8/2004 (Annexure P-2) by which the order dtd. 29/6/2004 has been withdrawn and also questions the order dtd. 23/4/2005 (Annexure P-3).

(2.) The petitioner was appointed on the post of Assistant Grade III by erstwhile State of Madhya Pradesh, Department of Higher Education (collegiate branch) and upon reorganization of the State of Chhattisgarh, he was allocated to the State of Chhattisgarh on 30/10/2000 and he was relieved from the concerned College on 2/11/2000 and he joined on 4/11/2000 in the State of Chhattisgarh. The petitioner made an application on 23/12/2002 (Annexure P-8) for inclusion of his name in seniority list of Directorate, Higher Education as he was collegiate employee, on which the order dtd. 29/6/2004 (Annexure P- 11) was passed by respondent No.2 adjusting the petitioner in the Directorate Services with the date of joining or on the date of availability of the post, but order dtd. 29/6/2004 (Annexure P-11) was withdrawn by order dtd. 7/8/2004 vide Annexure P-2 and thereafter the order dtd. 23/4/2005 (Annexure P-3) was passed adjusting the petitioner in the Directorate Services placing the name of the petitioner in number 3 below the names of Kamlesh Sharma and Sarojani Baghel upon the undertaking given by the petitioner vide Annexure P-10 dtd. 30/1/2004. Thereafter, the petitioner made a representation on 4/7/2011 that he be given seniority w.e.f.4/11/2000, which has been rejected by the impugned order dtd. 26/8/2011 (Annexure P-1), which has been sought to be challenged along with two orders dtd. 7/8/2004 (Annexure P-2) and 23/4/2005 (Annexure P-3) by which the petitioner's name has been placed in number 3 below the names of Kamlesh Sharma and Sarojani Baghel stating inter-alia that it is contrary to the rules and he is entitled for seniority w.e.f. 4/11/2000 i.e. from the date of joining in the State of Chhattisgarh.

(3.) Return has been filed by the State stating inter-alia that the petitioner is entitled to get seniority from the date of absorption of his service in Directorate of Higher Education in accordance with Rule 12(2)(c) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter called as 'the Act of 1961') as he was working in the collegiate service in the State of Madhya Pradesh and upon his request, his services have been absorbed into the Directorate and upon his written consent he joined the Directorate Services, as such, the petitioner is not entitled for any relief. Similar return has been filed by respondents No.4 to 7. Rejoinder has been filed supporting the averments made in the writ petition.