Absorption and seniority claims must adhere to qualification requirements established by applicable rules.

For Appellant(s) : Mr. Kshitij Sharma, Advocate For Respondent(s) : Mr. S.S. Marhas, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

28.07.2025

1. Heard Mr. Kshitij Sharma, learned counsel for the appellant as well as Mr. S.S. Marhas, learned counsel for respondent.

2. This writ appeal is presented against an order dated 01.05.2025 passed by the learned Single Judge in WPS No. 1332 of 2013 ( Gouri Shankar Chourasiya vs. High Court of Chhattisgarh and Others), and connected matter, whereby, the writ petition filed by the writ petitioner/appellant herein was dismissed by the learned Single Judge.

3. Brief facts of the case are that the appellant is presently working on the post of Section OfÏcer in this High Court. He was initially appointed on 06.09.1990 on the post of Sales Ameen in District Court Establish, Jagadalpur (erstwhile State of Madhya Pradesh). He was promoted on the post of Lower Division Clerk, vide order dated 21.09.1995 and pay scale was given from 950-20-1150-25-1400 to 1150- 30-1210-40-1450- 50-1800, thereafter was holding post of Process Writer. The services of the appellant was regularized vide order dated 07.04.1999 in the said Establishment. On 17.01.2001, the respondent/Additional Registrar, High Court of Chhattisgarh, issued a letter to the District & Sessions Judge, Raipur/ Raigarh/ Rajnandgoan/ Durg/ Bastar/ Sarguja/ Bilaspur to send list of Class-III employees posted in their Establishment with their complete service particulars along with their period of experience, to serve in the High Court of Chhattisgarh Bilaspur with a request to deal with the same on top priority basis and to send the information urgently. The appellant expressed his willingness and vide note-sheet dated 22.02.2001, respondent No.2 short listed the name of the appellant with a specific observation that some of the employees do not have the qualification of Assistant Grade-III, i.e., Bachelor degree with English & Hindi typing, and looking to urgent nature of circumstances it was felt necessary that such qualification may be relaxed in the interest of administration. Hon'ble the Chief Justice was empowered to relax the qualification under Rule-21 of the High Court of Madhya Pradesh, OfÏcers and Employees Recruitment and Conditions of Service (Classification, Control, Appeal & Conduct) Rules, 1996 (for short, the Rules of 1996) and the matter was sent for approval of the Hon'ble the Chief Justice, and same was duly approved and minimum qualification was relaxed by the Hon'ble Chief Justice. On 22.02.2001, the appellant was appointed in the establishment of High Court of Chhattisgarh on deputation for a period of two years on post of Assistant-Grade-III. After successful completion of the said period, the respondent No. 1 issued an order dated 06.11.2003, wherein it was categorically stated that if an employee is absorbed in the High Court Establishment, then his services shall be governed as per the Rule 12(2)(c) of the of the Chhattisgarh Civil Services (General Condition of Service) Rules, 1961 (for short, the Rules of 1961). The respondent No. 1 also issued an order dated 28.04.2004 whereby the appellant along with the respondent No. 3 to 5 were absorbed in the High Court Establishment in their respective posts, but with respect to the appellant and other two employees namely Sanjay Kumar Sinha and Kunwar Singh Angare, they were directed to be absorbed on the Establishment of the High Court against the post of AG- III, subject to the condition that they pass Hindi or English Typing and were allowed to appear in