@ Sin le Bench: Hon’ble Shri Manindra Mohan Shrivastava J. WRIT PETITION (S) N0.1376 of 2010 Petitioner Nidhan Singh Kushwaha Versus ‘ Respondents State of Chhattisgarh and another Writ Petition under Article 226 of the Constitution of India Present:- Shri Sunil Otwani, counsel for the petitioner. Shri Y. S. Thakur, Deputy Advocate General along with Shri N. Naha Roy, Panel Lawyer for the State/respondents. ORAL ORDER (Passed on this 23'“ of June, 2011) By this petition, the petitioner has prayed for issuance of a direction to the respondents to consider the case of the petitioner for giving charge of the next higher post on the basis of the standing circular of the State Government. 2. Case of the petitioner is that though the petitioner is substantively holding the post of Senior Development Officer and eligible for substantive promotion to the next'higher post of Assistant Director, promotions in the department are not taking place and the higher post of Assistant Director is being manned on ln-charge basis. 3. Submission of learned counsel for the petitioner is that their exists policy promulgated on 04-11-1996 (Annexure P-2) continuing and in force in the State of Chhattisgarh. In view of the Circular dated 31-10-2002 (Annexure P-3), the officers junior to the petitioner, have been given charge of the higher post and the petitioner is continuing in present post without of the higher post and the petitioner is continuing in present post without being considered for promotion and without there being any charge of higher post given to him. Learned counsel for the petitioner further submits that the petitioner is entitled to be given charge of the higher promotional ’post, wherever is lying vacant and the policy of the State Government forbids handing over the current charge‘ of the post to a junior officer. 4. On the other hand, learned counsel for the respondents submits that the petitioner cannot claim the promotion as of right as also lncharge posting. lt is submitted that the policy of the government to hand over charge of the higher post to senior officers‘is subject to various consideration and said policy is normally appiied within one controlling officer, but it is not applicable to give current charge to a senior officer against a vacancy, where senior officer is not posed in the same area, but < in the some other office. 5. From the averments which have been made by the petitioner in his petition and not disputed by the respondents it is found that some of the posts of A33istant Director are lying vacant in the department. Appointment J and promotion to the posts borne in the department of Honiculture, are governed by the Madhya Pradesh Agriculture (Horticulture) Gazetted L Service Recruitment Rules 1987 (ln short the Rules of 1987”) Later on in 5 V F] order to bring uniformity in the pattern and criteria for promotion In all the departments of the State Government rules of general application known as Chhattisgarh Public SerVice (Promotion) Rules 2003 (in short “the Rules of 2003”) have been promulgated. A perusal of the provision \k contained in sub rule(5) of Rule 7 of the Rules of 2003 shows that a meeting of Departmental Promotion/Screening Committee shall be held every year to consider the suitability of the public servant for promotion in the manner prescribed therein. Sub Rule (2) of Rule 13 of the Rules of 1987 also provide that the committee to consider the cases of promotion - shall meet at intervals ordinarily notlexceeding one year. Therefore, the Rules of 2003 and Rules of 1 987, both apply in the present case and oblige the respondents to consider the case of the eligible officers for promotion against the available vacancies in the manner prescribed under the rule by applying the criteria within the period stipulated under the rules. Such provisions have been made in the rules keeping in view that the vacancies should not continue for a long time and to ensure that they are filled up by eligible officers within a reasonable period. lt is thus important for the State Government and is in public interest and exigencies of administration that vacancies which are available, subject to need of the department, are filled up within a reasonable time. Ad hoc arrangement, which is quite prevalent, needs to be avoided, as far as possible, as it is not in the interest of administration to continue. lf current charge of any higher promotional post is handed over to any junior officer and he is enjoying the higher promotional post, senior eligible and meritorious offrcer suffers humiliation on the lower post. Current charge arrangement is only intended to be made to meet out emergent situation, so that the work is not adversely affected, till the departmental promotion takes place and the posts are filled up by regular promotion. However, if the ln-charge arrangements are continued for a long period, it has the affect of completely substituting regular (:1 wq/ \Jx?’ promotion by adhocism. Such arrangements, if allowed to continue for long * time, are contrary to the public interest and exigencies of public administration. 6. ln the petition, the petitioner has ciaimed for grant of lncharge posting on the basis of circular (Annexure P—2) of the State Government. The respondent authorities shall consider the petitioner’s claim, if any junior to the petitioner has been given current charge, according to the policy (Annexure P-2). Moreover, as the vacancies of the post of Assistant Director are lying vacant, respondents are directed to convene departmental promotion committee to consider the cases of eligible officers strictly in accordance With the rules of promotion and fill up the promotional post by regularly promoted officers. Considering that the case of promotion involves holding of departmental promotion committee and coordination etc., this Court, at this stage, is not inclined to fix any upper limit, within which, the exercise should be completed. However, the respondents shall do well to consider the case of the petitioner for grant of promotion to the next higher post of Assistant director by convening departmental promotion committee and complete the exercise within a reasonable time without undue delay. 7. j With the aforesaid direction, the petition is finally disposed off. 8. A copy of this order be sent to the Chief Secretary of the State Government also. I Z 5d]- ”fur. ,, Vi_ Manindra Mohan Shrivastayraggt. ., Judge TUMANE , 1q—F: ,