Post of Chief Executive Officer, Janpad Panchayat has to be filled up in accordance with the Rules of 2006, it cannnot be filled up by Deputy Collector.

1. The petitioner who is substantively holding the post of Chief Executive Officer, Janpad Panchayat seeks to challenge the legality, validity and correctness of the order dated 16.03.2015 (Annexure P/2) passed by respondent No. 1/State of Chhattisgarh whereby respondent No. 4/Deputy Collector has been appointed on the post of Chief Executive Officer, Janpad Panchayat, Dondi, District Balod and the petitioner has been transferred on the post of In-charge Assistant Director, Office of Assistant Commissioner, Tribal Welfare, Korba alleging the said appointment to be contrary to the applicable rule.

2. The aforesaid challenge has been made on the following factual matrix:-

2.1 The petitioner is substantially holding the post of Chief Executive Officer, Janpad Panchayat, Katghora as he was promoted on the said post by the order of the State Government on 1st June, 1998. The appointment to the post of Chief Executive Officer, Janpad Panchayat is governed by the Chhattisgarh Scheduled Tribe and Scheduled Caste Development (Gazzetted) Service Recruitment Rules, 2006 (hereinafter referred to as “the Rules of 2006”)

2.2 By the impugned order dated 16.3.2015 (Annexure P/2), respondent No.4/Deputy Collector has been appointed on the post of Chief Executive Officer, Janpad Panchayat Katghora in place of the petitioner and by separate order dated 16.03.2015 (Annexure P/3) petitioner has been transferred and posted as In-charge Assistant Director in the Office of Additional Commissioner, Tribal Welfare, Korba. The case of the petitioner is that post of Chief Executive Officer, Janpad Panchayat, Katghora under the Rules of 2006 can be filled up either by direct recruitment or by promotion and the State Government cannot post Deputy Collector on the post of Chief Executive Officer, Janpad Panchayat contrary to the rules and therefore, appointment of respondent No. 4 is contrary to the rules and it is liable to be quashed.

2.3 Return has been filed by the State Government stating inter-alia that the State Government has decided to send the newly recruited Deputy Collectors on deputation to the Department of Scheduled Caste and Scheduled Tribe so that they may gain some experience from the rural problems. It is further case of the State Government that under the Rules of 2006 appointment of Deputy Collectors on the post of Chief Executive Officer is not barred and as such, purely on administrative ground newly recruited Deputy Collectors including respondent No.4 have been appointed on the post of Chief Executive Officer rather they have been sent on deputation on the post of Chief Executive Officer, Janpad Panchayat vide Annexure P/1. Therefore, the writ petition deserves to be dismissed.

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