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2024 Supreme(Chh) 123

GOUTAM BHADURI, RAJANI DUBEY
S. S. Jaysee, S/o Late Shri S. Jaysee – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development – Respondent


Advocates Appeared:
For the Petitioner: Ms. Diksha Gouraha, Adv.
For the Respondents/State: Mr. Raj Kumar Gupta, Addl. Adv. General.

ORDER :

Goutam Bhaduri, J.

1. In this petition, the petitioner is seeking declaration that Rules 13, 14 and Scheduled IV of the Chhattisgarh Panchayat and Rural Development (Gazetted) Service Rules, 2013 (for short ‘Rules, 2013’) are ultra vires.

2. Brief facts of the case are that on 06.03.1982, the petitioner was initially appointed as a Gram Sevak in the Department of Agriculture, Govt. of Madhya Pradesh. On 10.02.1983, the services of the petitioner were transferred to the Rural Development Department as Gram Sevak. In the year 1985, the post of Gram Sevak was changed to Assistant Development Extension Officer in the Department of Rural Development (M.P.) and the name of department too was changed to Department of Panchayat and Rural Development. In the year 1988, in the erstwhile State of Madhya Pradesh, the Panchayat and Rural Development Department promulgated the service rules and as per Schedule IV of it, the Assistant Development Extension Officer was eligible to be promoted to the post of Development Extension Officer on completion of certain period of service. Subsequently, the Madhya Pradesh Panchayat Rural Development (Gazetted) Service Rules, 1988 was amended and furt

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