MADAN LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner has challenged the demotion order dtd. 2/2/2012 passed by in-charge Principal Govt. Polytechnic College, Durg by which the promotion order dtd. 2/6/1999 on the post of Assistant Grade-III from the post of Lab Attendant has been cancelled.

(2.) Brief facts as reflected from the record are that the petitioner was initially appointed as Lab Attendant which is Class- IV post. Since the petitioner has completed 5 years of service in the department and as per circular dtd. 13/4/1984 and subsequent circular which provides promotion from Class-IV post of Class-III, the case of the petitioner was considered by Departmental Promotion Committee and he was promoted as Assistant Grade-III from Lab Attendant against the vacant post in the pay scale of Rs.3050.0075-3950-80-4590/-. The petitioner was discharging his duty on the post of Lab Attendant more than 13 years, thereafter all of a sudden vide order dtd. 2/2/2012 the petitioner was demoted from the post of Assistant Grade-III to the Lab Attendant without giving an opportunity of hearing to the petitioner. This court while hearing the petition has stayed the order on 15/2/2012 and since then he is working as Assistant GradeIII.

(3.) Learned counsel for the petitioner would submit that the petitioner was initially appointed as Lab Assistant and he has completed more than 5 years of service, therefore, as per Government circular issued in this regard, particularly circular dtd. 16/5/1997 which provides, 20% post of Assistant Grade-III is to be filled up from the post of Class-IV employees by promotion. The petitioner is having requisite qualification and after conducting DPC he was promoted, therefore, order dtd. 2/2/2012 is bad-in-law on the count of non-compliance of principle of natural justice and would pray for quashing of the impugned order.