SUJAN SINGH KANWAR Vs. STATE OF C G

JUDGEMENT

(1.) The petitioners, by this petition, seek a direction to the respondents to constitute a Departmental Promotion Committee (for short 'DPC') for considering the case of the petitioners for promotion as Block Education Officer and further, to fill up vacant posts of Area Organizers/Block Education Officers from the Circle Organizers as per the Chhattisgarh Scheduled Tribe & Scheduled Caste Development (Gazetted) Service, Recruitment Rules, 2006 (for short 'the Rules, 2006').

(2.) Facts in brief, as proj ected by the petitioners, are that the petitioners were appointed on the post of Circle Organizers in the Scheduled Tribe & Scheduled Caste Welfare Department, in and around the year 1990. Some of the petitioners were selected through mini PSC and some of them were selected by direct recruitment through competitive exams. The service of the petitioners were governed by the Madhya Pradesh Adim Jati, Harijan and Pichda Varg Kalyan (Rajpatrit) Seva Bharti Niyam, 1969, (for short 'the Rules, 1969') which were amended vide notification dated 26.05.1992 (Annexure P/l) providing promotion of Circle Organizers on the post of Area Organizers. In the year 1994 further amendments were made in the Rules, 1969, providing transfer of Principals as Block Education Officers in the ratio of 60:40 percent thereby depriving Circle Organizers and Area Organizers from promotion as Block Education Officers.

(3.) Thereafter, the Chhattisgarh Scheduled Tribe & Scheduled Caste Development (Gazetted) Service Recruitment Rules, 2006 (Annexure P/2) were framed. In the Rules, 2006, the earlier provision for transfer of the Principal as Block Education Officer has been deleted and it is provided that the post of Block Education Officer will be filled up by promotion from Area Organizers and remaining vacant posts will be filled up from the Circle Organizers. The Departmental Promotion Committee held its meeting on 13.02.2008 wherein the cases of Area Organizers were considered for promotion to the post of Chief Executive Officers, Janpad Panchayat but the cases of the petitioners were not considered. Thereafter, the petitioners made a representation (Annexure P/4) but of no avail. During the pendency of the petition, on one hand, the State by order dated 30.06.2009 (Annexure P/l 1) has transferred Principals/Lecturer of the School Education Department as In-charge, Block Education Officer and Chief Executive Officers in the Scheduled Caste and Scheduled Tribe Welfare Department, which are the promotional posts for the petitioners and on the other hand the respondent/State is not conducting the meeting of the DPC, contrary to the provisions of Rule 6(4) of the Chhattisgarh Public Service (Promotion) Rules, 2003 (for short 'the Rules, 2003') which provides that the meeting of the DPC shall be held every year. It shall consider the suitability of the public servants for promotion separately with reference to the vacancies of each year and prepare the select list for the relevant year and thereafter the DPC shall consider the suitability of the public servants for promotion to fill up the existing and anticipated vacancies of the current year. Thus, non consideration of the case of the petitioners for promotion is violative of the Rules, 2006.