Point of Law: Service - Transfer of service - Transfer on post is promotional post and as per rules, it has to be filled up 100% by way of promotion - Fresh representation to be made.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. Mr. Neeraj Pradhan, learned counsel for the petitioner, would submit that petitioner is working on the post of Assistant Grade III and he is entitled to be promoted on the post of Assistant Grade II in accordance with Chhattisgarh Panchayat Service (Recruitment and General Condition of Services) Rules, 1999, but while waiting for his case to be considered for promotion, respondent No. 6 has been transferred on the post of Assistant Grade II vide impugned order dated 16.07.2014 (Annexure P1) which is impermissible in view of Rule 27(ii) of the Rules of 1999, as such, the transfer of respondent No. 6 on the post of Assistant Grade II deserves to be quashed.

2. Mr. Animesh Tiwari, learned Deputy Advocate General appearing on behalf of respondent No. 1/State, would support the impugned order.

3. None appeared on behalf of respondent No. 6 though served.

4. I have heard learned counsel for the parties at length and perused the record.

5. True it is that respondent No. 6 has been transferred by the competent authority at Janpad Panchayat, Raigarh on the post of Assistant Grade II, but the said post of Assistant Grade II is a promotional post and as per rules, it has to be filled up 100% by way of promotion.

6. Be that as it may, petitioner is at liberty to file a representation before respondents No. 1 and 2 highlighting his grievance within 30 days from today and that will be considered by respondents No. 1 and 2 strictly in accordance with law within 60 days from the date of receipt of a copy of this order.

7. With the aforesaid liberty reserved in favour of the petition, the instant writ petition stands disposed of. No costs.