GYANESHWAR BANSOD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) A notification dated 1st June, 2013 was issued by the State of Chhattisgarh which was supposed to be a Rule framed under Article 309 of the Constitution of India. The Rule is known as 'Chhattisgarh Scheduled Tribe and Scheduled Caste Development Department, sub-ordinate (Class-III Ministerial) Service Rules, 2013. Schedule IV has been appended to the said Rule which deals with the appointment by promotion as well as condition of eligibility for promotion/transfer. It is the entry made in Schedule IV, Sl. No.2 of Column No.2 and Column No.3, which is the subject matter of challenge in the writ application. A prayer has been made on behalf of the Petitioners that the said entry in Schedule IV is required to be struck down as being ultra vires the Constitution of India.

(2.) Submission of the counsel for the Petitioners is that there is a hierarchy of posts which provides for promotion so far as these Petitioners are concerned. They are said to be Junior Accounts Officer and Accountants. Accountant is the feeder cadre post for promotion to Junior Accounts Officer. The next post which is available for promotion so far as the Junior Accounts Officer posted in the field is said to be the Office Superintendent, for which five year's eligibility has been laid down. However, a sub-classification has been made with regard to such Junior Accounts Officers who are posted at the Headquarters or the Head of the Department Office.

(3.) As per the entry in Schedule IV, all those persons who are posted at Head of the Department Office, they will be entitled for promotion after five years to the post of Assistant Superintendent and after completion of a period of five years, they will be eligible for promotion as Office Superintendent. Meaning thereby that all those employees who are posted in the field will earn promotion to the post of Office Superintendent after five years but if they happen to be posted in the Head of the Department Office, to earn the post and position of Office Superintendent, they have to spend 10 years in service. Schedule IV of the Chhattisgarh Scheduled Tribe and Scheduled Caste Development Department, sub-ordinate (Class-III Ministerial) Service Rules, 2013, is as under: