AWADHRAM TANDON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondents to grant him seniority with all consequential promotional benefits, as per the appointment order dated 25.01.1993 (Annexure P-1).

(2.) THE brief facts, in nutshell, are that the petitioner was selected for the post of Assistant Superintendent Land Records (for short "ASLR") and appointed by the appointment order dated 25.01.1993 (Annexure P-1), through the proper selection conducted by the Public Service Commission (for short "the PSC") in the year 1989. The petitioner, belongs to the reserved category of Scheduled Caste. Some junior persons were promoted after granting the seniority, which is contrary to the terms and conditions of the appointment, wherein, it was clearly provided that the seniority of the candidates shall be reckoned and counted on the basis of the select list irrespective of the fact of joining the post.

(3.) THE submission of learned State counsel that the petitioner was appointed on probation for the period of two years and thereafter, after confirmation, he became member of the service is not disputed on the facts of the case. However, in the said clause, it is nowhere provided that the seniority shall be determined after completion of the probation period either of two years or of any extended period. There seems to be no provision for extension of probation period. It was provided that if the candidates failed to pass the departmental test, their services may be terminated, but there is no mention with regard to fixation of seniority in the said clause. At the same time, there is a specific mention in clause 3 that the seniority has to be determined on the basis of merit list, irrespective of the date of joining of the service or confirmation of the probation period. Clause 1 & 3 reads as under: