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IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
RAMESH SINHA, CJ., SACHIN SINGH RAJPUT, J.
Kedar Nath Anant S/o Soukhi Lal Anant – Appellant
Versus
State Of Chhattisgarh - Respondent
WPS No. 2274 of 2024
Decided on : 16-04-2024
Mandamus - Chhattisgarh Health and Family Welfare Department Non-Ministerial Para-Medical and Nursing (Directorate Health Services) - The Chhattisgarh Health and Family Welfare Department Non-ministerial Paramedical & Nursing (Directorate Health Service) Class -III Service Recruitment Rule, 2013 - The Rules of 2013 - The petitioners sought to upgrade the classification of the post of Psychiatric Social Worker from Class-III to Class-II and to be treated as Class-II employees from the date of joining. The court dismissed the petition at the admission stage.
Fact of the Case:
The petitioners sought to upgrade the classification of the post of Psychiatric Social Worker from Class-III to Class-II and to be treated as Class-II employees from the date of joining.
Finding of the Court:
The court found that the Rules of 2013 were enacted by the State Government in exercise of powers conferred by the proviso to Article 309 of the Constitution of India and that the petitioners were not able to show any grounds for declaring the legislation ultra vires or manifestly arbitrary.
Issues: The main issue was the classification of the post of Psychiatric Social Worker and the petitioners' claim for an upgrade to Class-II.
Ratio Decidendi: The court held that the State is empowered under Article 309 of the Constitution of India to frame rules with regard to service conditions of its employees and that the petitioners were not able to show any grounds for declaring the legislation ultra vires or manifestly arbitrary.
Final Decision: The petition was dismissed at the admission stage.
ORDER :
Ramesh Sinha, Chief Justice
Heard Mr. S.P.Sahu, learned counsel for the petitioner and Mr. R.S.Marhas, learned Additional Advocate General for the State on advance copy.
2. The petitioners in this petition pray for following reliefs -
10.2 Further may kindly be pleased to issue a writ in the nature of mandamus or appropriate writ direct therein to the respondent to classify the post of Psychiatric Social Worker of Rajya Mansik Chikitsalaya Sendari Bilaspur (CG) as Class-II & Petitioners be treated as class -II employee from the date of joining.
10.3 Further may kindly be pleased to issue a writ in nature of mandamus or appropriate writ direct therein to the respondents to grant pay scale pay band and Grade Pay to the petitioner as given in Gwalior Mansik Arogya Shala, Gwalior (M.P.) i.e. Rs.15600- 39100+7000 from their date of joining.
10.4 Further may kindly be pleased to direct the respondents to grant all the consequential benefits.
10.5 Further may kindly be pleased to direct the respondents to promote the petitioners on the post of Clinical Psychologist.
10.6 Further may kindly be pleased to issue a writ in direction order as this Hon’ble Court deem it in the favour of the petitioners in the interest of justice.
10.7 Any other relief, which this Hon’ble Court may deem it and proper, may also be passed in favour of the petitioner.
3. Facts of the case is that the State of Chhattisgarh/respondent No.1 framed Rules “The Chhattisgarh Health and Family Welfare Department Non-ministerial Paramedical & Nursing (Directorate Health Service) Class -III Service Recruitment Rule, 2013 (for short ‘the Rules of 2013’) and published it in the C.G. Rajpatra (Asadharan) dated 24/06/2013. These rules came into force from the date of its publication in the official gazette i.e. 24/06/2013. The respondent No.4 issued appointment order of the petitioner on 02/09/2013. The petitioners joined their service and they successfully completed in-service training of 3 months in the National Institute of Mental Health & Neuro Sciences (Deemed University) Bangalore which has issued certificate to the petitioners. The petitioners completed their probation period successfully and they have been regularised on 16/12/2015.
4. Mr. S.P.Sahu, learned counsel for the petitioners submits that at serial No.35 of Schedule-I of the Rules of 2013, classification is shown as class – III, pay scale pay band as Rs.5200-20200 and Grade pay of Rs.2400 for the post of Psychiatric Social Worker whereas the same post has been classified as Class-II and pay scale pay band Rs.15600-39100 and grade pay Rs.7000/- in Gwalior Mansik Arogya Shala, Gwalior Madhya Pradesh. It is submitted that this part of the Rules of 2013 i.e. SL No.35 of Schedule-I of the Rules 2013 is ultra vires being direct conflict to the Article 14 and 16 of the Constitution of India. It is submitted that the post of Psychiatric Social Worker at Gwalior Mansik Arogya Shala Gwalior (Madhya Pradesh) and at Rajya Mansik Chikitsalaya Sendari, District – Bilaspur (CG) are same in all aspect like eligibility work but there is difference in Classification and pay scale. It is submitted that the act of the respondent/State is arbitrary and discriminatory. It is prayed that the petitioners may be granted their first, second and third time pay scale and may be granted all the consequential benefits as per provisions. He further submitted that the respondents may be directed to grant pay scale pay band and Grade Pay to the petitioners as are given in Gwalior Mansik Arogya Shala, Gwalior (M.P.) i.e. Rs.15600-39100+7000 from their date of joining.
5. On the other hand, learned State counsel submits t
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