LAWS(CHH)-2019-10-42

CHANDRAKANT GIRI GOSWAMI Vs. STATE OF CHHATTISGARH

Decided On October 24, 2019
Chandrakant Giri Goswami Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Constitutional validity of Schedule II under Rule 6 of the Chhattisgarh Lok Abhiyojan (Rajpatrit) Bharti Evam Padonnati Niyam, 2008 (for short, 'the 2008 Rules') fixing a ceiling/age bar at 40 years for being promoted to the post of Assistant District Public Prosecution Officer (for short 'ADPPO') from the feeder category post of Assistants Grade III (for short 'AG-III') having law degree with 7 years experience, is put to challenge in these writ petitions.

(2.) The main grounds of challenge are that; it is quite arbitrary, discriminatory and violative of the principles of equality and that there is absolutely no nexus with reference to the object, if at all any, to be achieved with reference to the nature of duties to be performed in respect of the higher post.

(3.) Writ Petition (S) No. 2873 of 2019 is taken as the lead case. Parties and proceedings are referred to as mentioned therein, except where it is separately adverted to, based on the context.