RAJENDRA TIWARI Vs. STATE OF CHHATTISGARH & OTHERS

JUDGEMENT

(1.) The petitioner filed an original application before the M.P. State Administrative Tribunal, Bench at Raipur which was registered as Original Application No.2182/02. Upon abolition of the Tribunal, the petition was transferred to this Court.

(2.) Quintessential facts necessary for adjudication of controversy involved in the petition are stated infra.

(3.) Learned counsel for the petitioner contended that under the relevant applicable rules known as M.P. Excise Service Records Rules, 1966, the criteria for promotion from Class III to Class II post is seniority-cum-fitness. As the promotion from the post of Excise Inspector to Assistant District Excise Officer was a case of promotion from Class III to Class II post, the case of the petitioner was liable to be considered by applying the criteria of seniority-cum-fitness. As the petitioner's service records were unblemish because by that time, no adverse remarks communicated to him, he was not given any major or minor penalty in the last five years preceding consideration, there was no Departmental Enquiry pending, the petitioner ought to be adjudged fit and given his seniority, he ought to be promoted to the next higher post of Assistant Excise Officer.