RAJESH PATHAK Vs. STATE OF C G
HIGH COURT OF CHHATTISGARH
State Of C G
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DHIRENDRA MISHRA, J. -
(1.) HEARD on I.A. No. 1640/2005, being an application for bringing amendment in return on record.
The application I.A.No. 1840/2005 is allowed. Respondents to carry
out amendment in the return.
Also heard the petition finally.
(2.) THE petitioner was posted as Principal, Engineering College Raipur with the charge of Additional Director (Technical Education), Directorate,
Raipur with Drawing and Disbursing power. The respondent/State vide order
dated 28-10-2004 of Annexure P/11, transferred and posted the petitioner as
Additional Director, Technical Education (Project Cell), Directorate, Raipur.
By this order, respondent No.2 has been posted as Additional Director (full
fledged), Directorate of Technical Education, Raipur and respondent No.3
has been posted as in-charge Principal, Engineering College, Raipur. By the
instant petition the petitioner has challenged the above transfer order on the
ground of malafide and violation of statutory rules.
The case of the petitioner is that he was earlier appointed as professor and confirmed by the Public Service Commission in the year 1992
and vide order of 13-11-2001 of Annexure P/5, he was given the additional
charge of Additional Director after reorganization of the State of Chhattisgarh.
The petitioner is the only person who is working in the cadre of Principal
and he has been declared as the Head of the Department by the State
Government vide order of Annexure P/7 in the month of January 2001. The
seniority list was published on 1st April 2004 by the State Government
wherein the petitioner is the only person who is holding the substantive post
of Principal and as per rule 7 of M.P. Shaikshanik Seva (Takniki Shakha
Bharti) Niyam, 1967 (hereinafter referred to as 'Rules of 1967'), the post of
Director (Technical Education) which includes the Additional director also,
is to be 100% filled up from the cadre of Principals working in Government
Engineering College, by way of transfer. The State Government has created
one post of Director and three posts of Additional Director and the posts of
Director and Additional Director are of equal rank having the same pay-
scale and according, the posts are to be filled up from the cadre of Principal
of the Government Engineering College by way of transfer in accordance
with rule 7 of Rules 1967.
(3.) THE above Rules of 1967 have been framed by the State Government exercising powers conferred under Article 309 of the constitution
of India and the order of Annexure P/11 has been passed in violation of the
above Rules inasmuch as that the respondent No.2 who has not even been
promoted to the substantive post of Principal, has been posted by the impugned
order as Additional Director (full fledged) vide order of Annexure P/11, After
reorganization of the State of Chhattisgarh, the State has received one post
of Additional Director from the undivided State of Madhya Pradesh and the
petitioner was given the Additional charge of the post of Additional Director
and he was also declared as Head of the Department with Drawing and
Disbursing powers under the M.P. Book of Financial Powers, 1995, and since
then, he was discharging the duties and functions of the Head of the
Department (Directorate of Technical Education). However, subsequently
on 5-10-2002, one post of Director and three posts of Additional Directors
became available and the said posts were sanctioned by the State of
Chhattisgarh to set up the directorate of Technical Education. However,
instead of posting the petitioner as Director after availability of the post of
Director, the petitioner was transferred and posted under respondent No. 2
who is not even promoted to the post of professor and has never been promoted
to the post of Principal which is a condition precedent for appointment of
Director or Additional Director. In the seniority list of Annexure P/8 circulated
by the respondent/State, the name of the petitioner finds place at Serial No.1
where he is shown as Principal in the Government Engineering College,
Raipur whereas the name of respondent No. 2 finds place at Item No. 19 as
Reader of Mechanical Engineering Department wherein the name of
respondent No. 2 is at Serial No.3 in the above list.;
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