VIKAS SINGH CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 4/5/2012 (Annexure-P/1) wherein the petitioner, who was working as an Accountant, was not considered for promotion on the post of Assistant Accounts Officer and his name was eliminated on the ground that he failed to achieve the benchmark of merit.

(2.) According to the petitioner, Respondents No.3 to 5 herein were considered for promotion, despite the fact that they were junior to the petitioner in the gradation list from the initial date of appointment. Appointment order dtd. 26/5/2007 (Annexure-P/2), issued by the Chhattisgarh State Civil Supplies Corporation Limited, would show that the name of the petitioner is at S.No.5 in the order of seniority and the names of the respondents No.3 to 5 are at S.No.6 to 8, respectively. Subsequent gradation list (Annexure-P/3), which continued the seniority cumulatively, would show that the petitioner was above the respondents No.3 to 5.

(3.) Petitioner contends that in the case at hand, by applying the wrong method the merit was given first preference and seniority was placed at back seat. According to the petitioner, since the Chhattisgarh State Civil Supplies Corporation Ltd. (Class I, II, III and IV) Service Recruitment and Promotion Rules, 2005 (for short 'the Rules, 2005') envisages that the entitlement for promotion would be seniority-cum-merit that could not have been disturbed even by the Departmental Promotion Committee (DPC), therefore, the petitioner, who was deprived of his promotion, is entitled for the promotional benefits from 4/5/2012 on the date the respondents No.3 to 5, who were junior to the petitioner, were promoted.