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ARUP KUMAR GOSWAMI, DEEPAK KUMAR TIWARI
Vidya Bhushan S/o. Shri Jhadu Ram – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of General Administration – Respondent
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 an
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 woul....
Promotion in public service must adhere to seniority principles, and arbitrary actions undermining this principle are impermissible.
The main legal point established in the judgment is that promotion decisions are based on seniority-cum-merit and the application of relevant rules, specifically the Chhattisgarh Public Service (Prom....
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
Point of Law : The word used in the relaxation rules is "may" and therefore, the same would mean that relaxation may be given at the discretion of the competent authority.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
Promotional seniority must align with established qualifications and completion of probation as per applicable statutes.
The court upheld the state's relaxation of recruitment rules for employees lacking qualifications, asserting that such measures can mitigate undue hardship while respecting public service needs.
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