A. R. Chaure, v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 3692 OF 2021 1.

A. R. Chaure, S/o Late F. R. Choure, aged about 57 years, Occupation - Service, presently posted as Assistant Registrar in Hemchandra Yadav Vishwavidyalaya at Durg (CG) 2.

Rajendra Kumar Chauhan, S/o Shri P.R. Chauhan, aged about 56 years, Occupation Service, presently posted as Assistant Registrar at Sant Gahira Guru Vishwavidyalaya, Ambikapur, Sarguja (CG) ... Petitioners versus 1.

State of Chhattisgarh, through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur (CG) 2.

Chhattisgarh Public Service Commission, through its Secretary, Shankar Nagar Road, Bhagat Singh Square, Raipur (CG) ... Respondents For Petitioners :

Mr. Neeraj Choubey, Advocate.

For Respondent No.1 :

Mr. Amrito Das, Addl. A.G.

For Respondent No.2 :

Mr. Anand Mohan Tiwari, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board /07/2021 1.

Grievance of Petitioners in the present Writ Petition is the inaction on the part of Respondents in convening the DPC for filling up of the posts of Deputy Registrar from among the feeder cadre of Assistant Registrar. 2.

Learned Counsel for Petitioners submits that the DPC for filling up of the posts of Deputy Registrar has not been convened for the past roughly more than 5 years. That, the Petitioners became eligible for the post of Deputy Registrar as early as in 2018 and as such they became eligible for promotion around 3 years back but on account of the DPC not being convened, they are being deprived of their right of being considered for the post of Deputy Registrar. 3.

Learned Counsel for Petitioners further submits that Respondents have now initiated recruitment process for filling up of the posts of Deputy Registrar by way of direct recruitment from the vacancies that are reserved to be filed up by way of direct recruitment. The apprehension of Petitioners is that in the event of the Petitioners not being considered for promotion at this juncture and if the recruitment by way of direct recruitment is permitted to the posts of Deputy Registrar, their seniority on the post of Deputy Registrar may get adversely affected which can also have an adverse effect on their future promotional avenues that were there.

4.

At this juncture, learned Counsel for Petitioners submits that let the Writ Petition be disposed of directing the Respondents to consider holding of DPC at the earliest for filling up of the posts of Deputy Registrar, which are lying vacant for the last many years.

5.

Given the limited grievance that Petitioners have, learned Additional Advocate General submits that let the Writ Petition be disposed of directing the Respondents to take an appropriate decision in this regard. 6.

Given the entire facts and circumstances of the case, particularly taking into consideration the submissions of learned Counsel for Petitioners that the posts of Deputy Registrar are lying vacant for quite sometime and for the last many years the DPC has not been convened, the present Writ Petition at this juncture is disposed of directing the Respondents to take an appropriate decision for convening the DPC in accordance with the rules and regulations governing the field, at the earliest, preferably within a period of 90 days from the date of receipt of copy of this Order. The decision to be taken by the Respondents would be subject to there being availability of vacancies. 7.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE