PARMANAND SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The issue raised in this batch of writ petitions pertains to inter se seniority of contesting petitioners and the private respondents on the post of Executive Engineer and Superintending Engineer. Thus, all the petitions are considered and decided by this common order. However, for the sake of convenience the documents filed by the parties in WPS No. 1522 of 2017 shall be referred.

(2.) In the year 2003 all the petitioners and the private respondents were working as Assistant Engineer in the State of Chhattisgarh. The umbilical origin of the dispute commences on account of holding of Departmental Promotion Committee (hence forth 'the DPC') on 04.04.2003 wherein ad hoc promotion from the post of Assistant Engineer to Executive Engineer was considered for filling up 38 vacancies consisting of 13 clear vacancies; 6 vacancies falling vacant on account of promotion to next higher post (Executive Engineer to Superintending Engineer); anticipated vacancies on account of retirement of 2 Executive Engineers; and 17 vacancies on deputation post.

(3.) The select list was prepared including D.K. Agrawal, J.S. Lulu, Pankaj Mohan Kashyap, Mohan Lal Uraon & Gyaneshwar Kashyap. Recommendation pertaining to A.K. Mandan was kept in sealed cover whereas that of Parmanand Sai, Pandeshwar Sai & Gopal Ram Rawte were kept in circulation. Pursuant to the DPC ad hoc promotion order was issued on 22.04.2003 promoting D.K. Agrawal, J.S. Lulu, V.K. Bhatpahari, P.M. Kashyap, M.L. Uraon & Gyaneshwar Kashyap. Thereafter, 5 other Assistant Engineers, including A.K. Mandan, were promoted on ad hoc basis with retrospective effect, in accordance with the original seniority, on the post of Executive Engineer, on 07.05.2003 (Annexure R/3 to WPS No.4951 of 2017). In both the orders it was mentioned that the said ad hoc promotions shall be regularized in terms of the instructions dated 01.01.2002 issued by the General Administration Department of the State of Chhattisgarh (henceforth 'the GAD').