SUDARSHANLAL DHRUW Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been preferred for quashing of the gradation list of Assistant Registrars, Cooperative Societies and the order whereby the petitioner's representation for correction in the gradation list has been rejected.

(2.) This writ petition was preferred by Sudarshan Lal and Mukesh Kumar Dhruw, however, original petitioner No.1 Sudarshan Lal having died, now it survives for petitioner Mukesh Kumar Dhruw.

(3.) Admittedly, petitioner Mukesh Kumar Dhruw was directly recruited on the post of Assistant Registrar, Cooperative Societies on 23.06.1994, whereas respondent No.5 C. L. Thakur was appointed on 17.07.1992, respondent No.6 Sandeep Kumar Gupta was appointed on 11.01.1994 and respondent No.7 Kamal Narayan Kande was appointed on 21.02.1994. The appointment order in respect of petitioner Mukesh Kumar Dhruw has been filed has Annexure-P-1, whereas the appointment orders in respect of respondent Nos.5 to 7 have been filed by the State as Annexure-R-1/3 and R-1/4. Perusal of the appointment orders would indicate that the respondent Nos.5 to 7 were appointed on the subject post on the basis of their participation in the Madhya Pradesh Public Service Commission Examination held in 1991, whereas the petitioner was appointed on the basis of MPPSC Examination, 1992. Neither the petitioner nor the respondents were ever appointed on officiating basis. They were appointed on temporary basis subject to successful completion of the probation period. However, the minutes of the meeting (Annexure-P-2) dated 24.05.1999 for considering confirmation of officiating Assistant Registrars would reflect the name of respondent Nos.5 to 7 in the list in which they were not found to be fit for confirmation.