PARMANAND SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This batch of four writ appeals involving a common dispute with regard to seniority between the appellants and private respondents on the post of 'Executive Engineer' were heard together and are decided by this common order.

(2.) Above appeals are directed against the common order dated 6.4.2018 passed by learned Single Judge in a batch of writ petitions, leading case of which was WPS No.1522/2017, whereby the learned Single Judge declined to grant the relief claimed by the petitioners/appellants herein and disposed off the writ petitions with a direction to the respondent authorities to hold DPC for making promotion to the post of 'Chief Engineer', after holding review DPC of the DPC dated 5.9.2007 for promotion from the post of Executive Engineer to the post of Superintending Engineer.

(3.) Facts of the case, in brief, are that prior to 2003, appellants and private respondents were working as 'Assistant Engineer' in the Public Works Department of the State. In the light of Circular dated 1.1.2002 issued by the General Administration Department (as mentioned in Annexure R-1), the respondent Department decided to call for recommendations of the Departmental Promotion Committee to meet out urgent need. Accordingly, a meeting of Departmental Promotion Committee (for short 'DPC') was held on 31.12.2002 for promotion of Assistant Engineer to the post of Executive Engineer and thereafter a review DPC was held on 4.4.2003 in which names of some of the appellants and private respondents were under the zone of consideration for promotion to the post of Executive Engineer. Recommendations of respondent AK Mandan & some other Assistant Engineers were put in the sealed cover because it was informed to the DPC that a departmental enquiry was pending against them. Further, as the Annual Confidential Reports (ACRs) of appellant Parmanand Sai & Pandeshwar Sai for the relevant period were not available, therefore, their cases were kept in circulation. Pursuant to recommendations made by review DPC in its meeting held on 4.4.2003, respondent DK Agrawal, and others were promoted to the post of Executive Engineer. On the basis of recommendations made by review DPC dated 4.4.2003, promotion orders (Annexure R-2) were issued on 24.4.2003 in which names of D.K. Agrawal & JS Lulu find place along with 16 others. Meeting of DPC was again held on 20.12.2005 for regularization of ad-hoc promotion of the year 2003 in which case of 25 Assistant Engineers was considered and name of appellant Parmanand Sai has been shown to be in circulation, whereas recommendation in respect of appellant Pandeshwar Sai has been kept in a sealed cover (Annexure R-4). On the same date, another meeting of DPC took place for regularizing ad-hoc promotion given to some appellants and private respondents on the post of Executive Engineer considering seniority as on 1.1.2005 (Annexure R-6) and orders were passed on 17.10.2006 (Annexure R-7). On account of superannuation as also due to imposition of punishment in departmental enquiry of some of the Assistant Engineers whose names were kept in sealed cover and were senior to the private respondents, the posts reserved for those employees were filled-up by private respondents as per their seniority and all of them have been regularized on the post of 'Executive Engineer' from the date of grant of ad-hoc promotion i.e. from the year 2003. The General Administration Department issued Circular dated 9.1.2004 for regularizing ad-hoc promotion and other directions. Clause ([k) of the Circular (Annexure R-10).