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2024 Supreme(Chh) 177

SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Dinesh Kumar Yadav, S/o Shri Badlu Ram Yadav – Appellant
Versus
State of Chhattisgarh, through: its Chief Secretary, General Administration Department, Mahanadi Bhawan, Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Abhishek Pandey, Adv.
For the Respondents: Mr. Arvind Dubey, Government Adv.

ORDER :

Sanjay K. Agrawal, J.

1. Invoking Writ jurisdiction of this Court under Article 226 of the Constitution of India, the Petitioners herein challenge the constitutional validity of Sl. No.9 enacted under Rules 14 & 15 of Scheduled-IV of the Chhattisgarh State Municipal (Executive/Engineering/ Health) Services, Recruitment and Conditions of Service Rules, 2017 (henceforth shall be referred to as, Rules of 2017) by which 12 years experience has been prescribed for Sanitation Inspector to qualify for the promotional post of Health Officer, branding it to be arbitrary, unreasonable and unconstitutional and seeking a writ to declare it ultra vires and unconstitutional to the provisions of Section 14 & 16 of the Constitution of India.

2. Petitioner No.1 was appointed on the post of Sanitary Inspector on 22.10.1997 and Petitioners No.2 to 6 were also appointed on the post of Sanitary Inspector in the year 2013 and all of them are said to have working on the said post since their appointment. Grievance of the Petitioners is that different eligibility criteria have been fixed in Schedule-IV of the Rules of 2017 for promotion from the post of Sanitation Inspector to the post Health Officer

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