SAMTA ANDOLAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition in public interest has been filed by the petitioners with a prayer to quash and set-aside the order dated 31.10.2020, whereby respondent no.5 has been appointed / posted as Chief Secretary of the State of Rajasthan. It has also been prayed that the respondent-State be directed to frame appropriate statutory Rules / Guidelines regarding appointment and fixation of tenure for the post of Chief Secretary. Further, prayer was also made to direct the respondent - State to make fresh appointment to the post of Chief Secretary following the principles of merit cum seniority.

(2.) Learned counsel for the petitioner submits that traditionally the senior most IAS Officer within the State is chosen as the Chief Secretary, but in the instant case, respondent no.5, who was at Sr. No. 11 in the seniority list, has been appointed as the Chief Secretary of the State, while the officers senior to him were superseded without assigning any reason and in utter disregard to the rule of merit cum seniority.

(3.) We have heard the learned counsel and considered the submission made by him.