MANJU NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners are aggrieved by the impugned order Annexure P/1, whereby their promotion from the post of Lady Health Visitor (for short 'L.H.V.') to the post of Block Extension Educator (for short 'B.E.E.') has been cancelled with immediate effect.

(2.) Facts of the case, in nutshell, are that in a Departmental Promotion Committee ('DPC') meeting dated 06/08/2012 the petitioners' name were recommended for promotion to the post of B.E.E. and pursuant thereto, the Divisional Joint Director, Health Services, Bastar issued the promotion order on 23/08/2012 (Annexure P/2). When complaints were made before the Directorate, on examination, it was found that the DPC should have been convened at the State Level/Directorate Level, however, since the subject DPC was convened at the Divisional Level and not at the State Level, the recommendations were found to have been made by incompetent DPC having no jurisdiction over the matter and as such, the promotion has been cancelled.

(3.) Learned counsel for the petitioners would draw attention of the Court to the provisions of Chhattisgarh Health and Family Welfare Department, Non-Ministerial Para Medical and Nursing (Directorate Health Services) Class III Service Recruitment Rules, 2013 (for short 'Rules, 2013') (Annexure P/5), particularly Rule 2 (a), (b), Rule 14 and Schedule IV (Sl. No. 16) to argue that under the said Rules, the Divisional Level Promotion Committee is competent to recommend the names of eligible candidates for promotion to the post of B.E.E., therefore, there is no illegality or incompetency while directing their promotion and as such, the impugned order is illegal. He would also submit that in the year 1983 and 1985, similar orders were issued by the Divisional Level Promotion Committee; there is no fault on the part of the petitioners, therefore, they cannot be victimized and in any case, the impugned order has been issued without giving any opportunity of hearing. He would also submit that as per Rule 22 of the Rules 2013, all the action taken under the repealed Rules shall be deemed to have been made or taken under the corresponding provisions of the new Rules, therefore, the promotion order issued on 23/08/2012 is saved.