Vr') c<v <;• ^ IN THE HIGH COURT OP JUDICATURE AT BILASPUR Wiit Petition No. 2-882-/2004 PETITIONER : P.S.BhagatS/oLateChoyaRam, Aged about 38 years, Occupatioii- Senrice, Preseiitly posted as Scientist Officer, Office ofthe Superintendent of PoUce, Raigarh (C.G.). RESPONDENTS Versus :1. ;^ <.>' ^^•^'",. %<^'' ^ ^^ y 2. .'N3. t-L^ ^- ^^ ".^^vl 0V 4. State ofCliliatti»garh.» Through Secretary MSrdng Deparbaient, Majntralaya, D. K. S. Bhawan, Shastri Chowk, Raipur (C.G.). State of Madhya Pradesh, Through Secretary^ ftGniag Departoienty Maatralaya^ Vallabh Bhawaiiy Bhopal (M.P.). Directorate, Bhoumiki Tafha Khamkarm»35, Shyamla Hills, Near Rajeev Gandhi Parishar, Bhopal (M.P.). Superiatendent of Police^ Raigarh (C.G.). WRIT PBTITON UNDEaa ARTICLB 226/237 OF THE CON8TITUTION OF INDIA FOR I88UANCE OF THB SOTTABLE WRIT. ORDER OR DIRECTION IS THE MATTER. ^ HIGH COURT OP CHHATTISGARH AT BILA8PUR Writ Petition No. 2882 of 2004 Petitioner P.S. Bhagat Versus Respondents State of Chhattisgarh and ofhers SB: Hon'ble Mr. Justice Satlsh K. Agnihotri, J Shn H.S, Ahluwalia, Advocate for the petltioiier. Shri Sushil Dubey, Govemnient Advocate for fhe Stete/respondenteNo. 1 and 4. None appears for fhe respondents No. 2 and 3, ^c ORDBR (28th August, 2006) The foUowi&g oixler of the Court was passed by Satlsh K. Agnihotri, J. 1. Leamed counsel for the petitioner subniits that fhe petitioner was app^inted as Chemist reserved for Scheduled Caste and Scheduled Tribe candidates thix>ugh Special Recruitment Derive, temporarily on the pay scale of Rs. 2200-75-2800-100-4000/- subject to approval of tiie Public Semce Conxmission by order dated 11th Jauuary, 1994 (Annexure P/l). 2. According to leamed coTinsel for the petitioner, the petitioner was posted, thereafter in the oflice of the Directorate, Zoology ajid Mming, Sub Office at Bastar. Approval of the appointnient of the petitioner on the post of Cheniist was denied by tlie PubUc Service Coinniission on the grouad that tlie petitioner had not produced any certificate of experience. 3. Leamed coiinsel for the petitioner refers and relies on the circulai' dated 28th May, 1976 (Annexure P/4) whereby the caadidates belonging to fhe Schediiled Caste or Schediiled Tribe Category were exenipt from producing experience certificate, ^t^^^^,^: ^' 4. t/eamed counsel appeaiiog for the respondents/State admits that fhe circular dated 28th May, 1976 (Annexzire P/4) does provide for exeinption from producing experience certificate. Accordingly, appouitoaaent of the petitioner on the post of Chemist could have been approved withoiit insisting upoa experience cerdficate. 5. It is further stated by learaed counsel for the petitioner that fhe petitioner is entifled to regular pay scale for the period he has worked as Cheiaist with the State Goveraiiient on the basis of fhe circular dated 28th May, 1976 (Annexiire P/4), as denial of approval ofhis appointment was unjust and iniproper. 6. Having heard leamed counsel for fhe parties and on perusal offhe papers, it is evident that ftie petitioner caaaot be denied approval of the appointinent on tbe post of Cheraist w.e.f. 11. 1.1994 on the groiind of noD-prodiiction of experience certificate alone. Further, it appears that approval was denied not on any other ground, but on the groiind of non-production of experience certificate in fhe teeth of admitted circular dated 28th May, 1976. The petitioner is accoxxlingly entitied to pay scale admissible to other eniployees whereiii the Public Service Coinxaission approved fheir appoiatments in fbe same Imes. 7. For fhe reasons stated-above, the writ petition stauds aUowed to the above extent, No order as to costs. __^ Sd/- Sadsh K. Agnihotri Judge Bablu