The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.

ORDER :

(Parth Prateem Sahu, J.) :

3. In both these writ petitions challenge is to the amendment brought in the Chhattisgarh Water Resources Engineering and Geological (Gazetted) Recruitment Rules, 2014 vide Notification dated 04.12.2018. As a common question of law is being involved in these writ petitions, they were heard together and are being decided by this common order.

4. Learned Senior Counsel for petitioners submits that petitioners in WPS No.4861/2021 are the Sub-Engineers (Civil) having qualification of degree in engineering and Petitioners in WPS No.3496/2020 are the Sub-Engineers (Electrical and Mechanical Branch) (for short 'E/M') of the Water Resources Department and they are working at their respective places of posting. Petitioners in WPS No.4681/2021 were appointed in the year 2013 as per Chhattisgarh Water Resources Geological Service (Gazetted) Rules, 1968 (for short ‘Rules of 1968’) The Rules of 1968 came to be amended in the year 2000, making provision of filling-up of 75% post of Assistant Engineer by way of promotion and out of this 75%, 50% posts were to be filled up from the Sub-Engineers holding diploma certificate; 20% from the Sub-Engineer having degree in engineering and 5% from the cadre of Draftsman. In the year 2014, new rules have been framed namely Chhattisgarh Water Resources Engineering and Geological (Gazetted) Recruitment Rules, 2014 (henceforth ‘Rules of 2014’) in which promotion ratio as existing in the year 2000 was maintained. Four years later, the Rules of 2014 underwent an amendment by way of Notification dated 04.12.2018 re-fixing the ratio in promotion to the post of Assistant Engineer from Sub-Engineer. According to this amendment, 27% posts are to be filled up by way of direct recruitment and 73% by way of promotion. Out of this 73% promotional posts, 70% posts are to be filled-up from the cadre of Sub-Engineers and 03% from the cadre of Draftsman. A separate channel of promotion for Sub-Engineers possessing degree and diploma respectively has been done away. The Sub-engineers entitled for promotion to the post of Assistant Engineer based on their higher qualification of degree is taken away and all the Sub-Engineers irrespective of their qualification i.e. diploma or degree, have been made entitled for promotion on the post of Assistant Engineer. In the pre-amended rules, intelligible differentia was carved by the legislature giving degree holder Sub-Engineers accelerated chance of promotion. By way of amendment, the chances of promotional avenues have been reduced/shortened. Petitioners were appointed in the year 2013, at that point of time the amendment incorporated in the year 2000 in the Rules of 1968 were in existence, based upon which the petitioners have joined the service and therefore, a vested right created in their favour cannot be taken away by the legislature by bringing amendment on 4.12.2018 in the Rules of 2014. Under the Rules of 1968, the Sub-Engineers possessing degree in engineering have been kept in a separate category for promotion on the post of Assistant Engineer. Separate channel for promotion of Sub-Engineers on 20% available posts, is legitimate expectation on the part of decree holder Sub-Engineers. Amendment brought in the Rules of 2014 is prejudicial to the interest of petitioners and other similarly situated persons. Effect of amendment brought in, is retrospective, therefore, the same would affect the Sub-Engineers like the petitioners who had joined the service prior to amendment in the Rules of 2014. Amendment brought in Schedule II of the Rules of 2014 is arbitrary, discriminatory and violative to the rights of petitioners guaranteed under Articles 14 &16 of the Constitution of India, therefore, the impugned notification dated 4.12.2018 be quashed and the position as was existing prior to Notification dated 4.12.2018 be restored.

5. Learned Senior Counsel for petitioners in WPS No.4861/2021 would further submit that though the legislature is havin