2024 (2) TMI 1657

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....assed by respondent No.2-Chief Executive Officer, Zilla Parishad, Chandrapur whereby the petitioners were reverted from the post of Junior Administrative Officer to Senior Assistant. 4. Succinctly, the facts of the case are as follows:- (a) On 03-11-2004 petitioner No.1 was appointed by nomination with respondent No.2- Zilla Parishad on the post of Senior Assistant in the Scheduled Caste Category. On 23/24-12- 2007 petitioner No.1 appeared for departmental examination and the result of the said examination was declared on 25-11-2008. In March 2009, he was confirmed. By order dated 21-7-2009, he had been promoted to the post of Superintendent. (b) On 30-9-2003 petitioner No.2 was appointed to the post of Senior Assistant....

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.... they were passed the examination and also promoted prior to coming into existence of the G.R. of 2017. Lastly, he submitted that there is no provision to revert the petitioners. He has claimed that no show cause notice was issued nor any opportunity of hearing before passing of the order impugned was offered. Therefore, he urged that the said order be set aside. To buttress his submissions, he has relied on the following judgments. (a) State of Maharashtra v. Jagannath Achyut Karandikar, 1989 Supp. (1) SCC 393. (b) State of Madhya Pradesh v. Narmada Bachao Andolan and Another, (2011) 7 SCC 639. (c) P. Mahendran and others v. State of Karnataka and others, (1990) 1 SCC 411. 6. Per contra, the learned Counsel fo....

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....s mentioned in sub-rules (1) and (2); (b) The Chief Executive Officer, may in exceptional circumstances for two chances to a Parishad employee or extend the time by not more than good and sufficient reasons to be recorded in writing, grant not more than two years for passing the examination. 5. Consequences of failure to pass the examination : (1) A Parishad employee who fails to pass the examination within the period and chances specified in rule 4 shall not until he passes the Examination or is exempt from passing under rule 6- (a) be confirmed in the post which he is holding; (b) be allowed to draw his next increment in the scale of the post which he is holding. (2) Increments so with....

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....s at Sr.No.12. 9. Likewise, petitioner No. 2 was appointed on 30-9-2003 as a Senior Assistant. She appeared for the examination on 23/24-12-2007 i.e. within a period of four years from the date of her appointment. However, the result of the said examination was informed to respondent No.2-Chief Executive Officer by the Divisional Commissioner vide confidential communication dated 29-10-2007. Along with the said communication he has forwarded the result of the said examination, wherein the petitioner No.2 is shown to have cleared the examination as her name reflects at Sr.No.199. It is pertinent to note that both these communications do not reflect as when the result was declared, but they only inform the declaration of the results ....

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....peared for the examinations in time, however, the result of the examinations was communicated belatedly. That being so, it cannot be said that the petitioners were at fault for the non-declaration of the result in a reasonable time. Moreover, in such an eventuality, the court has to consider and understand the scope of applicability of the doctrines of "Lex non-cogit ad impossibilia." (the law does not compel a man to do what he can not possibly perform); "impossibilium nulla obligatio est " (the law does not expect a party to do impossible). The declaration of the result of the examination was not within the powers or control of the petitioners. Hence they cannot possibly perform such act viz. declaration of result. The law does not exp....