M.P. ADE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners are working as Rural Agriculture Extension Officers (for short, RAEO) under the Department of Agriculture. They are presently governed by the Chhattisgarh Sub-ordinate Agriculture Class III (Non-Ministerial) Service Recruitment Rules, 2010 (for short, the Rules of 2010). Rules of 2010 repealed the Chhattisgarh Sub-ordinate Agriculture (Non-Ministerial) Service Recruitment Rules, 1972 (for short, the Rules of 1972), which used to govern the service of the petitioners earlier.

(2.) By this application filed under Article 226 of the Constitution of India, the petitioners pray for declaring the amended entries relating to column 7 of serial No. 3 of Schedule II of the Rules of 2010, brought in by notification dtd. 4/12/2018, which was issued in exercise of powers conferred by proviso to Article 309 of the Constitution of India, as ultra vires to Articles 14 and 16 of the Constitution of India as well as to Rules 3 and 6 of the Chhattisgarh Public Service (Promotion) Rules, 2003 (for short, the Rules of 2003).

(3.) As the dispute is relating to promotion from the post of RAEO to the post of Agriculture Development Officer (for short, ADO), prayer is also made to direct the respondents to proceed for consideration for promotion to the post of ADO from the post of RAEO as per seniority list at Annexure-P/6.