Prashant Kumar Mishra, J
1. Challenge herein is to the order dated 20.06.2007 by which the respondent Nos.4 to 7 have been promoted to the post of Food Officer from the post
of Assistant Food Officer by applying the Chhattisgarh Public Services (Promotion) Rules, 2003.
2. Admittedly, the petitioners were senior to the respondent Nos.4 to 7, yet they were not promoted and the private respondents were promoted by
applying the roaster system for the reason that out of 14 sanctioned posts, 10 posts were already filled up by promotion and the remaining 4 posts are
to be filled under the roaster system, in which these posts have fallen in the share of reserved category candidates.
3. The Division Bench of this Court in the matter of Sharad Kumar Shrivastava and others vs Chhattisgarh State Power Companies Limited and
others, Writ Appeal No.409/2013, decided on 04.02.2019, and other connected matter, has quashed the Rules, 2003 to the extent of providing
reservation in promotion to the extent it falls foul of M. Nagaraj and others vs Union of India and others (2006) 8 SCC 212 and Jarnail Sigh and others
vs Lachhmi Narain Gupta and others (2018) 10 SCC 396.
4. In this petition, an interim order was passed on 01.05.2017 staying the impugned promotion order, yet no one appears for the private respondents to
defend the writ petition.
5. In view of the above, considering the law laid down by this Court in the matter of Sharad Kumar Shrivastava (supra) and for the fact that the said
part of the Rules, 2003, which has been invoked to accord reservation in promotion for the benefit of respondent Nos.4 to 7, has already been
quashed, the present writ petition is allowed. The impugned promotion order dated 20.06.2007 is quashed.
