ARVIND SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner who is working on the post of Driver with Respondent No.3 has filed this instant petition with following reliefs :

(2.) The case of the Petitioner is that he was appointed on the post of Driver vide order dated 18.01.2005 and since then, he is continuing on his post without there being any adverse remarks or complaints against him. This petition has been filed on the ground that services of the Petitioner is governed by Chhattisgarh Labour Judiciary Service (Class-IV) Recruitment Rules, 2007 (hereinafter referred to as 'Rules of 2007'). The category of Class-IV employee has been shown in Schedule-I of Rule 5 of the Rules of 2007 wherein apart from the post of Driver, post of Daftari, Jamadar, Peon and Choukidar has been mentioned. Schedule-II, which is appended to Rule 7, is the manner of recruitment on the Class-IV post wherein Driver, Peon and Choukidar has been shown to be recruited 100% from direct recruitment and post of Jamadar and Daftari are to be filled up from 100% promotion and as per Schedule-IV appended to Rule 8 provides for promotion from the post of Peon/Choukidar to Daftari/Jamadar, but the post of Driver has not been shown in Schedule-IV to be promoted to any further post. This is the reason, the Petitioner has filed this petition with the aforementioned reliefs.

(3.) Shri Vinod Deshmukh, learned counsel appearing for the Petitioner submits that Petitioner was initially appointed on the post of Driver vide order dated 18.01.2005 and since last more than 13 years, he has not been promoted. He further submits that under the Rules of 2007, there is no promotional avenue for and at the same time, the Peons/Chourkidars who were appointed under the same Rules and finds their post in Schedule-I along with the Petitioner i.e. the post of Driver, as per Schedule-IV appended to Rule 8, Peon/Choukidar are entitled to be promoted after completion of five years of service on the post of Daftari/Jamadar; therefore, Schedule- I to IV appended to Rules 5, 7 and 8 of Rules of 2007 are required to be held to be ultra vires. He also submits that the Respondents may be directed to consider the case of the Petitioner for promotion to the next higher post.