TEKCHAND AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition has been moved seeking following reliefs:

(2.) Facts of the case, in short, are that the Chhattisgarh Public Service Commission in the year 2008 conducted a competitive examination for the posts of Deputy Collector and other various posts and result of the examination was declared in the year 2013. The overall rank of the Petitioner in the merit list was 15. He was placed in the wait list at Sl.No.1. One of the selected candidate holding rank of 12 chose not to join the service of the post of Deputy Collector and, therefore, the Petitioner was appointed on the post of Deputy Collector vide order dtd. 29/1/2014. He gave joining on the post of Deputy Collector on 3/2/2014. The Cabinet of the Chhattisgarh State decided to relax the rules by giving relaxation of a period of 6 months in service for grant of Selection Grade to the officers of the State Administrative Service Batch 2013 and in pursuance of which a meeting of Special Departmental Promotion Committee was convened. The Promotion Committee in its meeting dtd. 16/8/2022 granted Selection Grade to the batch-mates of the Petitioner and posted them on the post of Additional Collector. Subsequently, it was informed that the claim of the Petitioner has not been considered on the ground that he joined the services on 3/2/2014. Thus, he is not an officer of 2013 batch, rather he is an officer of 2014 batch. Hence, the instant petition.

(3.) It was submitted by Learned Counsel appearing for the Petitioner that the officers who have been granted benefit of Selection Grade pursuant to the Cabinet decision dtd. 7/7/2022 as also the Petitioner had participated in the competitive examination of 2008 and result was declared in 2013. The Petitioner had also secured rank 15 in the merit list which was declared in the year 2013 itself. Since he was kept in the wait list at Sl.No.1, subsequently, one of the selected candidate holding rank of 12 in the merit list chose not to join the service and the Petitioner was offered appointment and he joined the service on 3/2/2014. Merely on the ground that he joined the service on 3/2/2014 the Respondents have not treated him the officer of 2013 batch, which is arbitrary. It was further submitted by the Learned Counsel that for all purposes the Petitioner was integral to the batch of 2013 of State Administrative Service and had undergone departmental training and undertaken departmental examination along with the batch of 2013 only. He further submitted that the similarly situated candidate Arun Kumar Markam, a member of the State Administrative Service Batch 2013 too was given his joining on 24/1/2014, but, the Promotion Committee considered and granted him Selection Grade and also granted him promotion. Both the Petitioner and Arun Kumar Markam were granted Senior Pay Scale on the same date/time. He further submitted that the delay occurred in joining of the Petitioner in the service was due to belated clearance of the wait list by the Respondents. Therefore, it is prayed by Learned Counsel for the Petitioner that the Respondents/State may be directed to consider the candidature of the Petitioner treating him as an officer of 2013 batch and also grant him Selection Grade as has been granted to his batch-mates of 2013 treating him also as an officer of the batch of 2013.