Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Chh) 375

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arup Kumar Goswami, Deepak Kumar Tiwari, JJ.
Vidya Bhushan S/o. Shri Jhadu Ram and ors. - Petitioners
Versus
State Of Chhattisgarh Through Secretary, Department Of General Administration and ors. – Respondents
WPS No. 4190 of 2016, 887 of 2012, 2711 of 2016
Decided On : 02-09-2022

Advocate Appeared:
For the Petitioner:Shri Kishore Bhaduri, Sr. Advocate with Shri Vivek Verma and Shri Santosh Bharat, Advocates.
For the Respondent:Shri HS Ahluwalia, Deputy Advocate General, Shri Akhand Pratap Pandey, Advocate, Shri Animesh Tiwari, Advocate.

The power of relaxation is within the exclusive domain of the State Government. The Court cannot strike down a policy decision taken by the Government merely because it feels that another policy would have been fairer or wiser or more scientific or logical.

Headnote:
Relaxation - Chhattisgarh Secretariat Service Recruitment Rules - Rule 13 - 2012 - Summary of Acts and Sections: Chhattisgarh Public Service (Promotion) Rules, 2003 - Rule 4, Article 162 and 309 of the Constitution of India - Main legal point: The power of relaxation is within the exclusive domain of the State Government. The Court cannot strike down a policy decision taken by the Government merely because it feels that another policy would have been fairer or wiser or more scientific or logical. Non-joinder of necessary party affects the relief granted. Category: Employment Law Sub-category: Promotion and Seniority Disputes
Fact of the Case:

The petitioners sought quashment of a notification amending the Chhattisgarh Secretariat Service Recruitment Rules, 2012 and challenged the gradation list, claiming seniority from the date of their joining. The State Government had issued an advertisement for the posts of AG-III, and the petitioners were appointed on an adhoc basis with a probation period conditional on passing a departmental examination. The respondents commenced the probation period from the date of joining for some candidates, affecting the gradation list.
Finding of the Court:

The Court found that the petitioners failed to pass the Hindi Typing and Computer Skill test, and the candidates who had already passed the tests at the time of their initial appointment were given seniority from the date of initial appointment. The Court held that the power of relaxation is within the exclusive domain of the State Government and dismissed the writ petitions due to non-joinder of necessary party.
Issues: The issues involved the amendment of recruitment rules, seniority determination, and the legality of the relaxation provision for promotion. The non-joinder of necessary party was also a critical issue affecting the relief granted.
Ratio Decidendi: The Court emphasized that the power of relaxation is within the exclusive domain of the State Government and that the Court cannot strike down a policy decision taken by the Government merely because it feels that another policy would have been fairer or wiser. The non-joinder of necessary party affects the relief granted.
Final Decision: The Court dismissed the writ petitions, holding that the impugned notification amending the recruitment rules and providing relaxation for promotion was not issued with an oblique or unauthorized purpose. The non-joinder of necessary party affected the relief granted.

ORDER :

Deepak Kumar Tiwari, J.

The aforesaid writ petitions are being disposed of by this common order, as the genesis involved in all the writ petitions is one and the same.

2. WP(S) No.4190/2016 has been filed by the petitioners (Vidya Bhushan & Others) seeking quashment of the notification dated 21.6.2016 whereby the State Government has amended the Chhattisgarh Secretariat Service Recruitment Rules, 2012 (Henceforth ‘the Rules’) and added a new Clause-(6) in Rule 13 of the said Rules, whereby relaxation of minimum length of service has been prescribed in promotion from AG-II to AG-I, only for the calendar year 2016.

3. WP(S) No.887/2012 (Vidya Bhushan & Others) and WP(S) No.2711/2016 (Gautam Kumar Bansod & Others) have been preferred seeking quashment of the gradation list with effect from 1.4.2011 and also seeking direction to consider their cases and grant seniority from the date of their joining,

4. The Department of General Administration had issued an advertisement for the posts of AG-III on 24.8.2005. Total number of posts for AG-III was 100. The petitioners had applied for the said post and appeared in the examination conducted by the Chhattisgarh Madhyamik Shiksha Mandal and all the petitioners succeeded in the written examination. Thereafter, the petitioners were called for the Skill Test in which they appeared.

5. The respondent No.2 vide order dated 8.5.2007 had issued appointment orders to all the 97 selected candidates for the post of AG-III on adhoc basis in the pay scale of Rs.3050-75-3950-80-4590/- on certain terms and conditions and on fixed pay of Rs.3050 per month + other allowances till passing of the departmental examination of Hindi Typing and knowledge of Computer, as stipulated in the appointment letter. Paras-1 & 2 of the appointment letters would read thus:-

^^¼1½ mi;qZDr mEehnokjksa dks dk;ZHkkj xzg.k djus ds fnukad ls 02 o"kZ dh vof/k esa bl foHkkx }kjk fu/kkZfjr fgUnh eqnzys[ku dh foHkkxh; ijh{kk 25 kCn ÁfrfeuV dh xfr ls ,oa dEi;wVj Kku dh foHkkxh; ijh{kk mrh.kZ djuh gksxhA tc rd os fgUnh eqnzys[ku ,oa dEi;wVj Kku dh foHkkxh; ijh{kk mRrh.kZ ugha djsaxs rc rd mUgsa lg;d xzsM&3 ds in ds osrueku dh fuEure osru rFkk HkRrs ÁkIr gksaxsA

¼2½ ;fn os mi;qZDr fgUnh eqnzys[ku ,oa dEi;wVj Kku dh fofgr ijh{kk fu/kkZfjr vof/k esa mRrh.kZ dj ysaxs rks mUgsa foHkkxh; ijh{kk mRrh.kZ djus ds nwljs fnu ls lgk;d xzsM&3 ds in ij nks o"kZ dh ifjfo{kk ij fu;qDr fd;k tkosxkA lkFk gh budh ofj"Brk fu;fer osrueku esa fu;qfDr fnukad ls fu/kkZfjr dh tkosxhA**

6. The General Administration Department of the State of Chhattisgarh vide order dated 30.6.1981 prescribed the qualifications for the post of Typist and Lower Division Clerk and all the Departments of the State were directed to follow the prescribed qualification and the Department of General Administration amended the qualification for the post of AG-III from time to time and extended the educational qualification for the post of AG-III.

7. As per the terms and conditions of the appointment letter, all the selected 97 candidates appeared in the departmental examination. As per the conditions, the probation period would commence from the next date of passing of the departmental examination, but the respondent authorities in case of some other candidates commenced the probation period from the date of their joining.

8. As per the terms and conditions of the selection process, the probation period would commence from the next date of passing of the departmental examination, however, in case of some candidates, the respondent authorities commenced the probation period from the date of their joining, which has caused dissatisfaction and the gradation list has also been affected. Respondent No.2 vide order dated 23.1.2012 published a seniority list of the candidates for the post of AG-III w.e.f. 1.4.2011 and as per the seniority list, seniority of the petitioner No.1 was counted from 1.5.2008, seniority of petitioners No.2 to 5 was counted from 15.6.2008 and seniority of petitioner