HARENDRA KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the above writ petitions arise out of common orders, they are heard and decided together.

(2.) In the instant bunch of writ petitions, the Petitioners have called in question order dtd. 16/9/2013 by which the State Government directed the Commissioner, Municipal Corporation, Raipur to cancel the promotion given to the Petitioners on the post of Assistant Engineer on the ground that their appointment by promotion is not in accordance with law and the reservation rules have not been followed.

(3.) Case of the Petitioners is that they were appointed as Sub- Engineers in the Municipal Corporation, Raipur. Being eligible to be promoted to the post of Assistant Engineer as per the provisions of Chhattisgarh Municipal Corporation (Appointment and Conditions of Service of Officers and Servants) Rules, 2007 read with Chhattisgarh Public Service (Promotion) Rules, 2003, the Departmental Promotion Committee (henceforth 'the DPC') in its meeting dtd. 5/9/2008 recommended names of the Petitioners for promotion to the post of Assistant Engineer and consequently vide order dtd. 6/9/2008 the Petitioners were promoted to the post of Assistant Engineer from the post of Sub-Engineer and since 6/9/2008 the Petitioners are working as Assistant Engineers. The State/Respondent vide its order dtd. 16/9/2013 directed the Municipal Corporation/Respondent to cancel the promotion of the Petitioners on the ground that the DPC had made recommendations on the basis of notification dtd. 16/11/2007 issued by the General Administration Department of the Government of Chhattisgarh, which is not proper and it was also found that the reservation rules were not followed by the DPC. As a consequence of the order dtd. 16/9/2013 passed by the State/Respondent, the Municipal Corporation/Respondent vide order dtd. 20/9/2013 cancelled the promotion of the Petitioners.