IMPORTANT POINT
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 (Promotion) Rules, 2003.

ORDER :

1. The petitioner has preferred the present writ petition praying for the following reliefs:-

“A. This Hon'ble Court be pleased to call for the entire record pertaining to the promotion to the post of Dy. Director/Sr. Secretary (Prever Grade).

B. That this Hon'ble Court be pleased to set aside/quashed the impugned order dated 24-07- 2008 (Annexure (P/dagger) issued by the Respondent No. 3 and memo dated 11-11-2010 (Annexure P/13) issued by the Respondent No. 4.

C. This Hon'ble Court be pleased to hold that the petitioners are entitled for consideration of promotion to the post of Dy. Director/Sr. Secretary (Prever Grade).

D. This Hon'ble Court be pleased to further hold that the Respondent No. 5 to 13 are not entitled for promotion according to the promotion rules as Chhattisgarh Public Service (Promotion) Rules, 2003.

E. This Hon'ble Court be pleased to set aside the order dated 03- 05-2007 issued by the Respondent No. 3 whereby, the respondent No. has been granted out of turn seniority much above the petitioner against the rules and further set aside the subsequent seniority list period from 2006 to 2008 issued by the Respondent authority from time to time.

F. Any other relief as deemed fit by this Hon'ble Court.”

2. Brief facts of the case, as projected by the petitioner, are that that the petitioner was initially appointed on the post of Secretary Grade-IV and was posted at Krishi Upaj Mandi Samiti, Lormi, Distt. Bilaspur on the pay scale of Rs. 220-5-240-6-270-10-300- 10-350-12.5-375/- and in due course of time the petitioner has been promoted to the post of Sr. Secretary on 29-01-2005. The Respondent Authorities from time to time issued the gradation list/Seniority list of the Senior Secretary. In the seniority list issued from 2003 to 2007-08, the name of the petitioner finds place above the Respondent No.5 to 13. Thus the petitioner is admittedly senior to the Respondent No. 5 to 13. It is pertinent to mention that the Respondent No.3 in a most arbitrary manner and contrary to the Viniyam 1998 without any basis issued an order dated 03-05-2007 and granted 5 seniority to the Respondent No.4 much above the petitioner and the Respondent No.5 has been placed at Serial No.1 in the seniority list as on 01- 04-2007, whereas in the original seniority list the name of the Respondent No. 5 was placed at Serial No.36. In between the petitioner was placed under suspension in respect of alleged irregularities and he was also served with the charge sheet and faced the departmental enquiry and ultimately in the departmental appeal, he has been exonerated from all the charges. The petitioner was facing departmental enquiry between 13-02-2008 to 08-07-2010. According to the Chhattisgarh Public Service (Promotion) Rules, 2003, the promotion in respect of promotion from Grade II to Grade I should be purely based on seniority-cum-suitability. During the pendency of the department enquiry against the petitioner, the Departmental Promotion Committee (DPC) was duly constituted in July 2008 for consideration of promotion from Grade II to Grade I ie. promotion from the post of senior secretary to the post of Dy. Director but the departmental promotion committee did not follow the norms of the Promotion Rules and the name of the petitioner was not considered for promotion at all and the names of the Respondents Nos. 5 to 13 were recommended, who are much juniors to the petitioner. On the basis of recommendation of the DPC, the Respondent Board issued the promotion order to the Respondents Nos. 5 to 12 on the post of Dy. Director. Hence, this petition has been filed by the petitioner.

3. Learned counsel for the petitioner submits that according to the seniority list dated 21-09-2006 and 22-07-2008, the Respondent No.5 to 13 are juniors to the petitioner therefore the Respondent No.5 to 13 are not entitled for promotion to the post of Dy. Director/Sr. Secretary (Prever Grade) according to the promotion rules applicable. Since the petitioner has a