G H SAGAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 12.04.2012 (Annexure - P/1) whereby the respondent No.4 Munendra Kumar Sahu working as Assistant Engineer, office of the Executive Engineer, Water Resources Division - I, Raipur, on promotion to the post of Executive Engineer (for short "EE") was transferred to the post of Research Officer, M.R.P. Quality Control Unit - 2, Raipur.

(2.) THE facts, if brief, as projected by the petitioner, are that the petitioner was working as In-charge Research Officer, MRP Quality Control Unit, Raipur, when the substantive post of petitioner is Assistant Engineer (Civil). The Research Officer's post is equivalent to the post of EE and for want of officer of the rank of EE, the petitioner was working as In-charge Research Officer. On promotion of the respondent No.4 to the substantive post of EE was posted as the Research Officer, he was posted at a place where the petitioner was working. The petitioner questions the promotion of the respondent No.4 on the post of Research Officer on the ground that there are 4 Research Officers including the petitioner and 3 other Officers i.e. the respondents No.5, 6 & 7, who are working as Research Officers.

(3.) UNDER the provisions of the Rules, 1968 the Research Officer Class - I has to be filled by way promotion and transfer i.e. 50 : 50,. Since the petitioner has already been working on the post, the respondent No.4 could not have been considered and promoted. Out of total 6 posts, 2 posts are filled. Shri Ashok Mohabia posted as Research Officer, Quality Control Unit, Sakri, District Bilaspur and Shri Shiv Raj Singh Paikra posted as Research Officer, Quality Control Unit, Raigarh. The respondents N.5 to 7 are also from the non- technical cadre. Out of 6 posts, 5 persons have been promoted from non-technical cadre. Thus, the petitioner is the only officer, who is posted as Incharge Research Officer belonging to Technical cadre and, as such, the respondent No.4 could not have been promoted & posted on the post of Research Officer, as he belongs to Technical cadre. Therefore, the impugned order transferring the respondent No.4 in place of the petitioner is bad in law, unjust and deserves to be quashed.