PUSHPA KHALKO W/O JAYPRAKADH EKKA Vs. STATE OF CHHATTISGARH THROUGH URBAN ADMINISTRATION AND DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) Petitioners are Officers of various Municipalities of State of Chhattisgarh. They are working in the respective places of posting as Chief Executive Officers, Class B/C. Their appointment and selection is made by the State on the recruitment and recommendation made by the State Public Service Commission. They have been compelled to file the present Writ Application because by virtue of Schedule-IV appended to Chhattisgarh State Municipal (Executive Engineering/Health Services Recruitment & Conditions of Services) Rules, 2017 (for short, 'Rules 2017'), they have given avenues of promotion to Revenue Officers of the Municipalities to be promoted to the post of Executive Officers of the Municipalities.

(2.) They want the provisions of the Schedule to be struck down to be ultra vires not only of the Article 14 and 16 of the Constitution of India, as also because it also violates the scheme of things under the 74th Constitutional amendment, especially Part IX-A of the Constitution of India.

(3.) Schedule- IV of Rules 2017 reads as under: