1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 20.02.2025 Order passed on 28 .04.2025 WPS No. 65 of 2024 1 - Sailendra Bhadoriya S/o Late Shri R.S. Bhadoriya Aged About 40 Years R/o H.No. 30, Riddhi Siddhi Colony, Korinbhatha, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 2 - Nitin Kumar Hariharno S/o Late Shri Ratan Kumar Hariharno Aged About 37 Years R/o Gandhi Chowk, Rajnandgaon,, District : Rajnandgaon, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Veterinary Services, Mahanadi Bhawan, Mantralaya, New Raipur,, District : Raipur, Chhattisgarh 2 - Director Veterinary Services Department, Opposite Guru Tej Bahadur Garden Ge Road, Raipur,, District : Raipur, Chhattisgarh 3 - Joint Director Veterinary Services Near Mandi Gate Raipur,, District : Raipur, Chhattisgarh 4 - Deputy Director Veterinary Services, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 5 - Sandeep Yadu Assistant Grade- 3, Working In The Office Of The Deputy Director Veterinary Services Rajnandgaon, Chhattisgarh 6 - Hemant Kumar Chandravanshi Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services, Rajnandgaon, Chhattisgarh 7 - Ramesh Kumar Rawat Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services, Balod,, District : Balod, Chhattisgarh 8 - Sailesh Pratap Pandey Asst. Grade -3, Working In The Office Of The State Level Veterinary Hospital,, District : Raipur, Chhattisgarh 9 - Gopal Prasad Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services, Anjora,distt- Durg, Chhattisgarh 10 - Ku. Shefali Scot Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services, Balodabazaar, Chhattisgarh Digitally signed by SHAYNA KADRI 2 11 - Ku. Savita Diwan Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services, Gariyaband, Chhattisgarh 12 - Jageshwar Dhruw Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services, Mahasamund, District : Mahasamund, Chhattisgarh 13 - K.Amit Kumar Rao Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Balodabazar-Bhathapara, Chhattisgarh 14 - Smt. Tarkeshwari Kurrey Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Gariyabandh, Chhattisgarh 15 - Yogesh Singh Maitry Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Mahasamund, Chhattisgarh 16 - Praveen Kshatriya Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Kawardha (Kabirdham), Chhattisgarh 17 - Shree Pokhraj Singh Thakur Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Bemetara, Chhattisgarh 18 - Ms. Bhuneshwari Dhurw Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Mahasamund, Chhattisgarh 19 - Vikash Sharma Asst. Grade -3, Working In The Office Of The State Level Veterinary Hospital, Raipur, Chhattisgarh 20 - Ku. Roshni Tikriha Asst. Grade -3, Working In The Office Of The State Level Veterinary Disease Invention Laboratory, Raipur, Chhattisgarh 21 - Rooplal Dongre Asst. Grade -3, Working In The Office Of The Deputy Director Veterinary Services,, District : Rajnandgaon, Chhattisgarh 22 - Ved Prakash Sahu Asst. Grade -3, Working In The Office Of The Asst. Veterinary Surgeon, Main Village- Scheme,, District : Dhamtari, Chhattisgarh 23 - Dev Singh Fardiya Asst. Grade -3, Working In The Office Of The Joint Director, Veterinary Service, District : Raipur, Chhattisgarh 24 - Gopinath Barik Asst. Grade -3, Working In The Office Of The Deputy Director State Level Veterinary Disease Investigation Laboratory, Raipur, Chhattisgarh --- Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. T. K. Tiwari, Advocate For State : Mr. Rishabh Bisen, Panel Lawyers Hon’ble Mr. Justice Amitendra Kishore Prasad CAV Order 1. Present petition has been being filed aggrieved by the order dated 26.12.2023 (Annexure-P/1) whereby, respondents No. 5 to 24 have been promoted from Assistant Grade – III to Assistant Grade – II. By 3 way of this petition, the petitioners have prayed for following reliefs:- “10.1 The Hon'ble court may be pleased to issue a writ of Mandamus, to quash the impugned order (Annexure P-1) passed by respondent no. 3. 10.2 The Hon'b le court may be pleased to writ of Mandamus commanding to the respondent no. 01 to 03 to give the benefit of promotion from the post of assistant grade 03 to assistant grade 02 from the year 2020 with allowing all benefits. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper looking to the facts and circumstances of the case, may also be awarded to the petitioner including the cost and expenses of this petition.” 2. Facts of the case, in a nutshell, are that the petitioners No. 01 and 02 are presently working as Assistant Grade-III under Respondents No. 1 to 4, posted in the Office of the Deputy Director, Veterinary Service, Rajnandgaon, Chhattisgarh. Petitioner No. 1 was appointed vide order dated 06.02.2014, and joined service on 03.03.2014. Petitioner No. 2 was appointed vide order dated 06.10.2008, and joined service on 16.10.2008. In the gradation list of the year 2020, Petitioner No. 1 and Petitioner No. 2 were ranked at serial No. 13 and serial No. 1, respectively. Although a promotion order was passed, but names of petitioners were not considered. They submitted representations to Respondents No. 2 and 3 but received no relief. On 01.04.2022, a new gradation list was prepared and published, placing Petitioner No. 1 and Petitioner No. 2 at serial No. 2 and serial No. 1, respectively. Confident that a promotion order would follow the gradation list, the petitioners awaited their promotion, however, on 26.12.2023, a promotion order was passed, granting promotion benefits from Assistant Grade-III to Assistant Grade-II to Respondents No. 5 to 24, while the petitioners' 4 names were again overlooked for promotion. 3. Learned counsel for the petitioner would submit that the impugned order dated 26.12.2023 (Annexure-P/1) is illegal and arbitrary. He submits that from the entire documents annexed along with this writ petition, it is quite apparent that petitioners are senior to respondents No. 5 to 24 and they are required to be promoted. The gradation list dated 01.04.2020 shows that name of petitioner No. 1 was at serial No. 13 whereas name of petitioner No. 2 was at serial No. 1. In the second gradation list pertaining to the year 2022, name of petitioner No. 1 is at serial No. 2 and name of petitioner No. 2 is at serial No. 1 whereas other respondents are below them. It is contention of learned counsel for the petitioners that since promotion is to be done on the basis of seniority cum merit, as such, petitioners are entitled, however, without any possible reason, they have not been promoted. Representations have been moved by the petitioners, however, it has not been considered. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioner and would submit that petitioners were appointed on compassionate basis. At the time of appointment itself, there is there was a condition precedent that they have to clear / pass Hindi Typing Examination within a specified period, failing which, the appointment could be ended. It is contention of learned State counsel that according to Chhattisgarh Class – III (Ministerial) Veterinary Services Recruitment Rules, 2009, the minimum qualification have been fixed, according to which, the candidate must have passed Hindi Typing Examination with 25 W.P.M. from the recognized Board / Institution. Services of petitioners are governed by 5 Chhattisgarh Public Service (Promotion) Rules, 2003, according to which, promotion from Class – III to Class – II posts shall be made on the basis of Seniority subject to fitness. Since petitioners have not fulfilled the criteria of passing Hindi Typing Examination as per their appointment orders, as such, they hae not been pomoted to the post of Assistant Grade – II. It is further submission of learned State counsel that petitioners cannot claim promotion as a matter of right, they can only seek consideration for promotion. 5. At this stage, learned counsel for the petitioners draw my attention towards the documents pertaining to the petitioners, according to which, petitioner No. 1 has obtained degree in Bachelor of Computer Application (B.C.A.) in the January, 2005 itself whereas petitioner No. 2 has also obtainted Diploma in Computer Application (D.C.A.) in the year 2017. According to learned counsel for the petitioner, the aforesaid documents shows that petitioners are entitle for promotion and these certificates entitles petitioners for consideration for promotion, however, they have not been considered since long. Petitioners have already submitted these documents to respondent – department while filing representation. 6. I have heard learned counsel for the parties and also perused the record with circumspection. 7. From bare perusal of the records, it is apparent that petitioners were appointed on compassionate basis and in their appointment order itself, it is categorically stated that they have to pass Hindi Typing Examination with 5000 Key Depression Per Hour within specified time. In the gradation list of the year 2022, their names have been placed at serial No. 1 and 2, however, they have not been considered for 6 promotion only on the ground that they have not passed the Hindi Typing Examination. Though petitioners are senior to respondents No. 5 to 24, from perusal of service rules applicable to them i.e. Chhattisgarh Public Service (Promotion) Rules, 2003, it is also apparent that promotion rules are seniority cum merit basis. Since these petitioners are senior to respondents No. 5 to 24 and further since they are having their name in the gradation list of the year 2022 at serial No. 1 and 2, at this stage, without commenting anything on merits of the case, this Court deems it appropriate to direct respondent authorities i.e. respondent No. 1 to 4 to consider case of petitioners for their promotion and to pass appropriate orders while considering their services according to Chhattisgarh Public Service (Promotion) Rules, 2003 as also their certificates of B.C.A. and D.C.A.. 8. 8. Petitioners are directed to submit a fresh and detailed representation along with their certificates within a period of one month from the date of receipt of this order and, in turn, the respondents – authorities are directed to consider the case of petitioners for promotion within a further period of two months from the date of receipt of representations to be submitted by petitioners. 9. With this observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna Judge