KHUMAN SINGH KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is admitted for hearing. With the consent of learned counsel for the parties, the case is being heard and disposed of finally.

(2.) This appeal is directed against the judgment dtd. 30/3/2016 passed by the learned Single Judge in Writ Petition (S) No. 296 of 2011 whereby the petition filed by Rekha Lal Sudhakar (Respondent No. 5 herein) was allowed and the promotion of the present Appellant to the post of Head Clerk-cum-Accountant was set aside.

(3.) The undisputed facts are that the Respondent No. 5 was initially appointed as Safai Daroga (Sanitary Inspector) in Nagar Panchayat, Gandai on 17/12/1986. He was promoted as Lower Division Clerk/Assistant Grade III w.e.f. 1/10/1993. He was promoted as Assistant Grade II on 16/12/2005. The Appellant, on the other hand joined as Lower Division Clerk on daily wages and was regularised as such on 2/6/1995 i.e. after the Respondent No. 5. On 30/11/2005, the present Appellant and the Respondent No. 5 were considered for promotion to the post of Upper Division Clerk/Assistant Grade II and the Respondent No. 5 was promoted. It is not disputed that Respondent No. 5 is senior to the present Appellant.