RAJESH KUMAR NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The grievance of the petitioner in the instant Writ Petition is nonconsideration of the petitioner for promotion from class-IV cadre to class-III cadre. The denial of the petitioner for the class-III cadre was on the ground that, the petitioner does not fulfill the minimum eligibility criteria particularly the qualification prescribed and that in the post there was certain adverse entries also in the Annual Confidential Report of the petitioner.

(2.) The facts which is not in dispute is that, the petitioner was working as a Peon in the office establishment of the District Court, Rajnandgaon being appointed on 17/09/1997. The service conditions governing the petitioner envisages a clause where the employees working in the class-III category has certain amount of post reserved in the class-III cadre which has to be filled up by promotion applying the principles of seniority-cum-fitness. The minimum qualification as is required for promotion to the class-III cadre post is 12th or higher secondary pass from recognized board with other eligibility criteria also.

(3.) The petitioner in the instant case claims himself to have a qualification which is equivalent to the 12th or higher secondary certificate. The petitioner is said to have passed the Madhyam Dwitiya Khand from the Hindi Sahitya Sammelan, Allahabad. This according to the petitioner is equivalent to the 12th or higher secondary certificate from any other recognized board and therefore according to the petitioner, he should have been considered for promotion from the class-IV to class-III cadre along with the other candidates who have been granted promotion.