PARMESHWAR PRASAD GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this bunch of writ petitions, the challenge is to Annexure P-1, dated 15.7.2010, whereby the Petitioners have been posted on a lower post of Antrik Lekha Parikshan Evam Kararopan Adhikari while one set of Petitioners for the past one year were discharging the duties of Varistha Antrik Lekha Parikshan Evam Kararopan Adhikari. Likewise, the other Petitioners who were working as Antrik Lekha Parikshan Evam Kararopan Adhikari have been brought down to the level of Sahayak Antrik Lekha Parikshan Evam Kararopan Adhikari.

(2.) The brief facts of the case are that the Petitioners undoubtedly were appointed under the erstwhile State of Madhya Pradesh on the post of Sahayak Gram Panchayat Adhikari which was a dying cadre in the State of Madhya Pradesh. By virtue of creation of the State of Chhattisgarh these Petitioners were allocated to the State of Chhattisgarh and in the State of Chhattisgarh also they were discharging the duties that of Sahayak Gram Panchayat Adhikari. In 2009, i.e., on 3.2009, the State Government came up with a policy decision whereby the dying cadre of Sahayak Gram Panchayat Adhikari was restored back from being a dying cadre and it was restructured and reclassified as Sahayak Antrik Lekha Parikshan Evam Kararopan Adhikari (as is reflected from Annexure P-2). In the said order dated 3.2009, Annexure P-2, it was further decided by the State Government as a policy matter that the post of Sahayak Antrik Lekha Parikshan Evam Kararopan Adhikari would be classified into three categories, that is, the lowest post being Sahayak Antrik Lekha Parikshan Evam Kararopan Adkhikari with the pay-scale of 4000-6000 for graduates and 3000-5200 for non-graduates. The next higher post being Antrik Lekha Parikshan Evam Kararopan Adhikari with the pay-scale of 4500-7000 and the third being the post that of Varistha Antrik Lekha Parikshan Evam Kararopan Adhikari with the pay scale of 5000- 8000. In the said scheme, the State Government further had categorically held that the posting of these officers shall be made in the different categories mentioned above as per their seniority-cum-merit decided by the Joint Director/Deputy Director, District Office, Panchayat & Social Welfare Department, State of Chhattisgarh.

(3.) According to the Petitioners, by virtue of policy decision dated 2.2009, Annexure P-2, the Petitioners were given posting orders whereby they were posted on the post of Varistha Lekha Parikshan Evam Kararopan Adhikari and also as Antrik Lekha Parikshan Evam Kararopan Adhikari, vide Annexure P- The Petitioners immediately had also assumed the charge and were discharging their duties on the respective posts assigned to them as per the order of the Deputy Director, Panchayat and Social Welfare Department of the concerned district. Later on, abruptly, the service of the Petitioners was changed from their postings as per Annexure P-3 to the the place as assigned in Annexure P-1 while the place of postings was changed. The Petitioners were also ordered to be posted on a lower post than that they were working as per Annexure P-3, inasmuch as the persons who were posted as Varistha Lekha Parikshan Evam Kararopan Adhikari have been posted as Antrik Lekha Parikshan Evam Kararopan Adhikari and the Petitioners who were working as Antrik Lekha Parikshan Evam Kararopan Adhikari have been posted as Sahayak Antrik Lekha Parikshan Evam Kararopan Adhikari. It is this order which is under challenge in the present writ petition.