NITA ALSARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 30/10/2018 (Annexure P/1) passed by the respondent No.1, by which the promotion of the petitioner on the post of Naib Tahsildar from Assistant Grade-II has been cancelled and he was again posted as Assistant Grade-II in the District Office, Kabirdham.

(2.) Facts of the case, in short, are that an advertisement was issued on 4/3/2014 for promotion on the post of Naib Tahsildar which was to be filled up from Graduate Patwari, Revenue Inspector and other Clerical staff posted in the sub-ordinate office of Commissioner Land Revenue, Divisional Commissioner, Rajsava Mandal, Collector Office and its sub-ordinate offices. The petitioner belonged to Scheduled Caste Category. As per the advertisement, the date of submission of form was from 15/3/2014 to 24/3/2014. There were total 57 posts laying vacant, out of which 28 posts for Revenue Inspector/Patwari, 12 posts for unreserved, 4 posts for Scheduled Caste, 9 posts for Scheduled Tribes and 3 posts for Other Back Ward Class and 29 posts was reserved for clerical grade employee, out of which 12 posts were reserved for unreserved, 4 posts for Scheduled Caste, 9 posts for Scheduled Tribes and 4 posts for Other Back Ward Class. For qualifying the examination, candidates should have secured 50% marks which is compulsory in each question papers. The advertisement further provides selection process for appointment of Naib Tahsildar and paragraphs 5 to 7 of the advertisement are extracted below:- <IMG>JUDGEMENT_34_LAWS(CHH)11_2022_1.JPG</IMG> <IMG>JUDGEMENT_34_LAWS(CHH)11_2022_2.JPG</IMG>

(3.) The petitioner participated in the selection process and obtained 40 marks in first paper and 45.918 marks in second paper. In pursuance of selection process dtd. 22/3/2016, the petitioner was appointed as Naib Tahsildar and posted in district Mahasamund. Subsequently, one Smt. Manulata Sharma has filed the Writ Petition (S) No. 3951 of 2018 wherein this Court vide order dtd. 28/5/2018 had directed which is as under:-