A HIGH GOURT OF CHHATTISGARH AT BILASPUR WMTPETITION (8) No. 4920 of2006 ...A. PETITIONER RESPONDENTS li, Simil Godeshawar, Aged about 33 Years, S/o- Sliri J.L.Godesliawar R'o- 43, Kumar Villa Bactawar Chall Ward no. 16; Tulsipur, Rajnaiidgaon (C.G.) VERSUS : 1. State of Chhattisearh, Tfarough: The Secretary, Agriculture Departiiieiit Manti'alaya D.K.S. Bhawan. Raipur (C.G.) 2. Jomt Director, Agriculture Departnient aiid Public tutbrmation Officer, Directorate of Agriculture Department, Raipur (C.G.) 3. Assistant Director, Aericulture Department Rajnandgaon (C.G.) 4. Assistant Land Conservation OfGcer, O/o Assi&taiit Land Consei-vation Office, Rajnandgaon (C.G.) WRTT PETmON UNDER SECTtON 226/227 OF THE CONSTTTUTION OF INDIA. Sinale Bench : Hon'ble Jiistice Shri Satish K. Agiuhotri. Present: Shri Anup Majumdar, Advocate fbrthepetitioner. Smt. Anju Ahuja, Dy. Govt. Advocate for the State. QKDER (Passed on 14th day ofJune, 2007) By this petition, the petitioner impugns the legality and validity of the order dated 29.08.2006 (Anuexure P/6) and the reconunendation ofthe Departmental Promotion Committee held on 28.04.2006 (Annexure P/9) and further sought for direction to confirm his adhoc promotion on the . post of Draughtsman w.e.f06. 10.2003 with all consequeirtial benefits. The facts in nutshell are that the petitioner was initially appointed on fhe oost of Tracer on 08.04.1993. The Assistant Director, Agriculture, Rajnandgaon, recommended the name ofthe petitibner for promotion to ^SSt. ^fc- ^( the post of Draughtsman aeamst the reserved category of Scheduled Caste. The QfBce ofthe Director. Aericulture Department, Raipur vide letter dated 6.10.2003 (Amiexure P/4) promoted the petitioner on the post of Draushtsman on adhoc basis with a condition that the promotion was purely temporary. The petitioner eould not claim any seniority or erant of higher pay scale. In future, if fhere is any iiregularity noticed in the promotion of the petitioner. the same can be modified, revised or cancelled maceordance with law. The Additional Direetor, Directorate of Aariculture, vide order dated 29.08.2006 (Aimexure P/6) informed fhat fhe promotion offhe petitioner on adhoc basis was not in accordance with the provisions ofChhattisgarh Public Service Promotion Rules, 2003 as such his promotion vide order dated 06.10.2003 (Annexure P/4) was cancelled. Accordina to the leamed counsel, a representation made bv the petitioner to the Director, vide Annexure P/8, remained unanswered. Being agerieved, the petitioner has filed the present petition. Tbe main tfarust ofthe argument ofthe leamed counsel appearins for the petitioner is thatonce Ihe petitioner has been promoted on adhoc basis, he cannot be denied confirmation on the promoted post on fhe g-ound fhat the earlier promotion on adhoc basis was not in accordance with law. After hearins the leamed counsel for the petitioner, I perused the docutnents appended to the petition. Admittedlv, the promotion of fhe petitioner was on ad-hoc basis subject to certain terms and conditions. It was made clear fhat the promotion was purely temporary and no right would accrue thereof. The petitioner could not be confirmed on promoted post. The post vacant was reserved for Scheduled Tribe and in Ihe adhoe promotion vide order dated 06.10.2003, the same was eiven to fhe petitioner, who belongs to Scheduled Caste category. Thus, his promotion was not in accordance wilfa law. 5. It is well settled principle of law that any appointment dehors the constitutional scheme ofthe employment and not in consonance with the provisions of law on ad-hoc basis or temporary, is not legal and flie emplovee does not acquire anv rieht to continue to the oost and other benefrts offhe regular sffvice. 6. Inview ofthe settledposition oflaw, adhocor coiitractpromotees have no rightto the post as their promotion, which was not in aceordance with fhe constitutional scheme and not in accordance wifh any Rules, Reeulations as framed under the proviso to Article 309 ofthe Constitution ofladia. 7. In view ofthe foregoing, fhe petition is dismissed, summarily. Satish K. Agnihotri Anrit