Dismissed

Amar Singh Khande v. State of Chhattisgarh and Ors.

Chhattisgarh HC9 Dec 2013WP/3176/2006

Case brief

AI extract

What is this about?

This bench dismissed the petitioner's writ petition challenging the cancellation of his ad hoc promotion as Superintendent. The court held the promotion violated recruitment rules due to lack of committee recommendation and was void ab initio citing Supreme Court precedent.

What did the court decide?

Writ petition dismissed; impugned order hearing denied to petitioner upheld.

Amar Singh Khande Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2013)

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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. Sf^-6 /2006 PETITOINER ^ Aihar Singh Khande, S/o Late Shri Laxmi Prasad Khande, aged about 36 years, Occupation-Service, Working As Stenographer-III, Officc of The Labour Comuussioner, ^•^•"^^•^^^ Raipur, R/o Sector-3, Block-6, p^eA's<^-<0^' Lf'* Rooni No.46, Kashiram Nagar, Raipur(C.G.). - VersusRESPONDBNTS 1. State of Chhattisgarh, <^ Through fhe Secretatry, Departanent of Labour, Mantralaya, D.K.S. Bhawan, Raipur(C.G.). ^ 2. The Labour Comnussiouer, State ofChhattisgarh, Raipur (C.G.). WRIT PETITON UKDBR ARTICLE ^26/^7 OP THE CONSTITUTION OF IHDIA FOR ISSUAMCE OF SOTTABLE WRIT. ORDER OR DIRECT!OWLTOJ3<LJUSmCE-UBTnii- MATTB-B

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HIGH COURT OF CHHATTISGARH : BILASPUR

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WRIT PETITION N0. 3176 OF 2006

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PETITIONER Amar Singh Khande.

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Versus

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RESPONDENTS

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State of Chhattisgarh and another.

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Shri Rajeev Shrivastava and Shri Malay Shrivastava, counsel for the petitioner. Shri Adil Minhaj, Panel Lawyer for the State.

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SINGLE BENCH : HON'BLE SHRI PRASHANT KUMAR MISHRA, J.

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ORAL ORDER

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(09/12/2013)

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Petitioner has assailed the legality and validity of the order dated 08/06/2005 (Annexure P/9), whereby his ad hoc promotion on the post of Superintendent, Labour Department has been cancelled.

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By order dated 01/06/2005 (Annexure P/7) petitioner was promoted from the post of Stenographer - III to the post of Superintendent on ad hoc basis. It is this order which was subsequently cancelled within aweek i.e. on 08/06/2005.

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Learned counsel for the petitioner would submit that the order has been cancelled without giving opportunity of hearing.

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Learned State counsel would rightly submit that the promotion on the post of Superintendent is governed under the Rules called as M.P. Labour Srvices (Non-Gazetted Class III) Recruitment Rules,^{1966.Underthese} Rules, for promotion to the post of Superintendent a Committee of four officers is to be constituted for making recommendation, however, the petitioner's promotion vide Annexure P/7 was made without there being any recommendation of the Committee as required under the Rules.

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^^'•^:^^^^ ^^^^;?i';^^1 ^:'^^^^^'^^^

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Since the petitioner's promotion was not in accordance with the Rules and in the absence of any recommendation by the Departmental Promotion 'DPC') Committee (for short the order was void ab-initio, no legally enforceable right accrued in his favour.

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In the matter of Ste(e of Manipur Vs. Y. Token Singh and Others Hon'ble Supreme Court has held that when appointment has been made by an incompetent authority, contrary to Rules, the same can be cancelled without following principles of natural justice.

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For the foregoing reason, no interference is called for in the impugned order.

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Accordingly, the writ petition is dismissed.

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Sd/Prashant Kumac Mishra Judgs

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' (2007) 5 SCC 65

Amar Singh Khande v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Amar Singh Khande v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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