PAWAN KUMAR JHA Vs. HIGH COURT OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner by way of the present petition is seeking a direction to the respondent authorities to reckon the seniority of the petitioner from the date of his initial appointment i.e. 9/5/1991 and place him at Sr. No.3 of the gradation list dtd. 27/1/2004 and grant other consequential benefits as well, as has been granted to the employees situated at Sr. No.3 to 20 in the gradation list dtd. 27/12/2004.

(2.) Brief facts of the case are that the petitioner was ab initio appointed as AG-III in the year 1991 in the Establishment of High Court of Madhya Pradesh and was confirmed on the said post vide order dtd. 10/12/1997. After bifurcation of the State of Madhya Pradesh in the year 2000, the State of Chhattisgarh and the High Court of Chhattisgarh as well came into existence. In the year 2001, an advertisement for appointment on various posts was issued including that of AG-II. The posts of AG-II were against permanent substantive posts having 5 years experience on the post of AG-III or equivalent post in District/High Court. The petitioner applied for the post of AG-II, as he was having the requisite criteria for the said post, but while applying for the same, he raised a condition that if his past seniority would be counted, then only he would join the post. The applications received pursuant to the said advertisement for the post of AG-II were not decided for a period of almost 3 years and during the said period, the posts of AG-II were filled up by way of promotion from the post of AG-III. In the year 2004, a call letter was issued to the petitioner on 12/1/2004, whereby the petitioner was asked to appear for personal interview on 7/2/2004 along with requisite certificates. The petitioner appeared in the interview and was declared successful securing the position at Sr. No.1 and thereafter he was issued appointment letter dtd. 10/2/2004. The said letter contained a condition that if the petitioner does not join the service within 10 days therefrom, his services would stand cancelled automatically. The petitioner requested the Registrar General, High Court of Chhattisgarh for grant of extension to join services reiterating his earlier condition regarding claim of grant of seniority, upon which he was granted extension up to 1st week of May, 2004. Ultimately, the petitioner joined his duties on 1/5/2004. On 27/12/2004, the provisional gradation list was published, wherein the petitioner stood at Sr. No.24. The petitioner being aggrieved by the same, as his juniors working in the Establishment of the High Court of Madhya Pradesh were placed above him in the gradation list, preferred representations before the respondent authorities, but the same got cancelled, which resulted into filing of writ petition before the High Court of Chhattisgarh bearing WPS No.937/2007. Vide order dtd. 20/2/2007, the respondent authorities were directed to consider and decide the representation of the petitioner regarding grant of seniority. In compliance of the order of this Court, the representation of the petitioner was considered and got rejected, which again resulted into filing of the present petition.

(3.) The reliefs sought for by the petitioner are as under:-