SUNIL KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These are two writ petitions filed by the same petitioner and practically for the same cause of action. The whole issue revolves around the promotion granted by the respondents on the post of "Assistant Agricultural Engineers"? in excess to the quota fixed under the rules.

(2.) The facts relevant for the adjudication of the dispute in the present writ petitions are that the petitioner was appointed on the post of Assistant Agricultural Engineer on 10/05/83 as a direct recruit. The rules governing the field at the time of his appointment was the Madhya Pradesh Agricultural Services (Gazetted) Recruitment Rules, 1966. So far as the State of Chhattisgarh is concerned, it is the Chhattisgarh Agricultural (Gazetted) Service Recruitment Rules, 2011. The difficulty and complication arose when the respondents in excess of the 8 posts to be filled from the promotion quota, gave promotion to certain officers in excess to the ratio fixed to be filled up by way of promotion. That is to say that 5 - 6 persons were given promotion on the post of Assistant Agricultural Engineer in excess of the 8 posts which were otherwise to be filled up by way of promotion.

(3.) As a consequence of such complication created by the respondents, the petitioner and similarly placed direct recruits who on completion of their minimum required service period were not considered for promotion to the next promotional post of Agricultural Engineer as the persons who were earlier granted promotion in excess of the quota of 50% were considered and treated as seniors to the petitioner and other similarly placed direct recruits. Further, these persons were being considered for promotion on the promotional post of Agricultural Engineer and also to the next subsequent promotional post denying the claim of the petitioner.