JUDGMENT :

Rakesh Mohan Pandey, J.

1. These writ petitions have been filed challenging the Gazette Notifications issued by the State Government in exercise of powers conferred under the proviso to Article 309 of the Constitution of India whereby amendment has been effected under Rule 8(1) of Chhattisgarh Civil Service (General Condition of Service) Rules, 1961 (for short, 'Rules of 1961'), sub-rule (1) of Rule 22 C of Chhattisgarh Fundamental Rules and the Circulars issued by General Administration Department dated 29.07.2020, Finance Department dated 06.08.2020, and lastly by the School Education Department dated 15.09.2020.

One writ appeal has also been filed challenging the order dated 10.6.2021passed by the learned Single Judge in W.P.(S) No 2090/2021, whereby the writ petition has been dismissed. In the said writ petition, some circulars, which are under challenge in the present batch of writ petitions, were challenged.

2. The petitioners in these writ petitions are Teachers in School Education Department, Constables in Police Department, Government Servants appointed by Chhattisgarh Public Service Commission and aspirants, who wish to appear in the competitive examinations in future. The petitioners, who are in service, are being governed by their respective Recruitment Rules. The core challenge being almost similar, the writ petitions as well as the writ appeal are being disposed of by this common order.

3. The amendment brought by the State Government in the Rule 8(1) of Rules, 1961 reads as under :-

In the said rules.–

For sub-rule (1) of rule 8, the following shall be substituted, namely: –

"(1) A person appointed to a service or post by direct recruitment shall be placed on probation for first three years.”

The amendment brought by the State Government in the sub-rule (1) of Rule 22 C of Chhattisgarh Fundamental Rules is as under:--

In the said rules:–

For sub-rule (1) of rule 22 C, the following shall be substituted, namely:–

“(1) (a) The following stipend shall be payable to the Government Servant selected to the post of direct recruitment during the probation period of three years:–

First year - 70 percent of the minimum of the pay scale of the post;

Second year - 80 percent of the minimum of the pay scale of the post;

Third year - 90 percent of the minimum of the pay scale of the post;

Provided that during the probation period, other allowances along with stipend shall be received as a Government Servant.

(b) On confirmation in the service or post after the expiry of the period of probation, the pay of the Government Servant shall be fixed at minimum in the time-scale applicable to the service or the post.

(c) The Government Servant selected on the posts of direct recruitment also includes the appointment of selected candidates through Chhattisgarh Public Service Commission.”

4. The circular dated 29.07.2020, issued by the General Administration Department, Government of Chhattisgarh, says that as Sub-Rule 1 of Rule 8 of the Rules of 1961 had been amended, all the departments of the State Government have to amend their respective Recruitment Rules and till the same is done, the Recruitment Rules of all the departments shall be considered as amended. Further, circular dated 06.08.2020 issued by the Finance Department, Government of Chhattisgarh, says that in pursuance of the notification issued by the General Administration Department dated 28.07.2020, a person appointed by direct recruitment to a service, has to be appointed on probation for a period of three years, and till the amendment is carried out in the Recruitment Rules by all the departments, the Recruitment Rules would be deemed as amended. In the circular issued by School Education Department dated 15.09.2020, it is stated that process for appointment of 14,580 teachers was under process and results were announced on 30.09.2019 and 22.11.2019 by Chhattisgarh Professional Examination Board (for short ‘CG.VYA.PA.M.’). On account of Covid-19, the Finance Department could