The central legal point established in the judgment is the significance of seniority in promotions and the obligation to consider the senior-most person for promotion before junior employees.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

(i) The Hon'ble Court may kindly be pleased to accept and allow this petition, so that the Petitioner may get Promotion in the interest of justice.

(ii) The Hon'ble Court may kindly be pleased to give instruction to Respondents No. 1 to 3 consider the case of petitioner for promotion to the post of Registrar like the respondents No. 4 and 5 and give seniority and balance payments from the date of promotion as given in writ and release the whole balance payment till the date of Retirement of the petitioner.

2. Brief facts of the case as projected by the petitioner are that, the Petitioner's Joining in Education Department on 01.09.1973 and his date of Birth is 01.01.1954 and he was promoted on the post of Assistant Grade-1 on 29.01.2005. So he should be promoted on the post of Registrar from 14.06.2015. According to the general condition of service and as per the provision of the condition of S.No. 8, he is entitled to get the promotion for the post of Registrar 14.06.2015 like V.K. Pandey and Shri G.L. Namdeo. Shri V.K. Pandey joined in the education department on 17.07.1981 and his date of birth is 21.07.1957 and he was promoted on the post Assistant Grade on 29.01.2005 and promoted for the post of Registrar on 14.06.2015 by the respondents, although they are junior then the petitioner, his case should be considered for the promotion on the post of Registrar from 14.06.2015.

3. Shri G.L. Namdeo Joined in education department on 19.10.1981 and his date of birth is 04.06.1955 he was promoted on the post of Assistant Grade-1 on 29.01.2005. He was promoted for the post of Registrar on 14.06.2015 although he junior then the petitioner. According to the above information the petitioner is the Senior then V.K. Pandey and G.L. Namdeo. The Respondents ignored the seniority of the petitioner and promoted to Shri V.K. Pandey and Shri G.L. Namdeo vide order dated 14.06.2015 issued by Under Secretary, Higher Education Department without following the notification dated 16.11.2007 issued by the Deputy Secretary and the directions issued by the Respondents. In this way the injustice prevailed with the senior most petitioner in the post of Assistant Grade-1 and he had not given promotion for the post of Registrar by above Respondents.

4. According to the order passed by this Court in WP (S) No. 224/2011 on 11.01.2013 in the matter of “Umashankar Verma v. Chief Secretary, Higher Education C.G. Govt. Raipur & other” the Respondents shall hold review D.P.C. to consider the claim of petitioner for grant of promotion on the post Accountant in the light of observation made by the court as expeditiously as possible. On the basis of the said order, review DPC was held on 06.05.2015. The Petitioner's name put in the seniority list No. 4 in place of 30 of old seniority list. The order passed by this Court in Annexure A-4 on 11.01.2013 was implemented by the Respondent No.1 and 2 after the lapse of 2 years. In this way the Respondent's No. 1 and 2 deliberately not followed the order passed in Annexure4, it shows the clear discrimination with the petitioner. This should be removed by the worthy order of this Court in the interest of justice with the Petitioner.

5. Shri V.K. Pandey and Shri V. K. Namdeo is junior then the petitioner and promoted both the person for the post of the Registrar vide order dated 24.06.2015 issued by the Under Secretary, which is also illegal, because they have not considered the petitioner's promotion for the post of Registrar being a senior employee in comparison of the above both employees. Therefore, his promotion should be considered for the post of Registrar by the precious order of this Court in the interest of justice. According to Annexure A-1 dated 01.04.2014 at Sl.No. 6 and 7. Th