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2026 Supreme(Online)(Chh) 27350
HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J
Sohan Ram Bhagat – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 4248 of 2019
For the Appellants/Petitioners: Vivek Kumar Agrawal
For the Respondents: Sharad Mishra
Promotion from Class IV to a higher pay scale is based on seniority subject to fitness, and a Grade "C" in the Annual Confidential Report (ACR) satisfies the fitness criteria as per the applicable rules and circulars.
Headnote:(A) Service Law - Promotion to Higher Pay Scale - Criteria for promotion from Class IV to higher pay scale is "seniority subject to fitness" as per Rule 4 of the Chhattisgarh Public Services (Promotion) Rules, 2003. (Para 2, 5)
(B) Annual Confidential Report (ACR) - Grading - Where a circular prescribes that a grading of "C" in the ACR for the preceding five years is sufficient for promotion, rejection of pay scale on the ground of securing Grade "C" is impermissible. (Para 2, 5)
Issues: Whether the petitioner is entitled to the second and third time pay scales despite having secured Grade "C" in his ACRs.
Order On Board
1. This writ petition has been preferred against the order Annexures P/5, P/6 & P/7 by which petitioner’s application for grant of second time pay scale and third time pay scale have been rejected holding that he has secured Grade “C” in Annual Confidential Report (for short “ACR”) for years 2003-2004, 2004-2005 and 2005-2006.
2. Mr. Vivek Kumar Agrawal, learned counsel for the petitioner, would submit that the impugned order is liable to be set aside as in accordance with Rule 4 of the Chhattisgarh Public Services (Promotion) Rules, 2003 (for brevity “Rules, 2003”) the basis for promotion from Class IV to the higher pay scale has to be made on the basis of “seniority subject to fitness” and the same is also apparent from circular dated 18.11.1997 issued by the State of Madhya Pradesh and according to which the ACR of the preceding 5 years should be of Grading “C” which the petitioner has secured.
3. Mr. Sharad Mishra, learned State counsel, would oppose the prayer made by learned counsel for the petitioner and support the impugned order.
4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records with utmost circumspection.
5. Since the basis for promotion as per Rule 4 of Rules, 2003 promotion from Class IV to higher pay scale should be “seniority subject to fitness” and as per Circular dated 18.11.1997, criteria prescribed for promotion that the person who is going to be promoted, his Grading should be “C” in ACR of last five years. In the present case, as per order dated 27.06.2017, petitioner has secured Grade “C” in ACRs of the years 2003-2004, 2004-2005 and 2005-2006, therefore, Annexures P/5, P/6 & P/7, liable to be and are hereby set aside. The matter is remitted to the concerned Joint Director (Agriculture) for passing fresh order in accordance with law after affording opportunity to the petitioner within 6 weeks from the date of receipt of copy of this order.
6. With the aforesaid observation / direction the instant writ petition stands disposed off.
