IMPORTANT POINT
Reduction in chances of promotion does not amount to a change in the conditions of service, and employees have a right to be considered for promotion, not a fundamental right to be promoted.

ORDER :

Sanjay K. Agrawal, J.

1. The petitioners three in number have called in question the constitutional validity of the Chhattisgarh Public Works Engineering (Gazetted) Services Recruitment Rules, 2015 (for short, ‘the Rules of 2015’) in general and in particular, Column 7 of Serial No.9 of Schedule – II enacted under Rule 6 of the said Rules by which separate quota has been fixed for Sub-Engineer and Draftsman by repealing the old Rules namely, the Madhya Pradesh Public Works Engineering (Gazetted) Service Recruitment Rules, 1969 (for short, ‘the Rules of 1969’), in which separate quota for Sub-Engineer (Degree Holder) to the extent of 20% had been prescribed, branding the above-stated rule to be unconstitutional, and taking away the fundamental right of the petitioners to be promoted on the post of Assistant Engineer (Civil).

2. The aforesaid challenge has been made on the following factual backdrop:-

Petitioners’ Case: -

3. It is the case of the petitioners that the petitioners are Sub- Engineers (Civil) and they are degree holders and are responsible for designing, constructing and maintaining buildings, floodcontrol projects, highways, sewage facilities and other kinds of large construction project of the State and National level turn key projects. They had acquired degree from the State Engineering College and National Engineering College of the recognised University. Degree holders are recruited to the post of Assistant Engineer (Civil) which is a Class-II post, by direct recruitment and by promotion in the establishment. It is the further case of the petitioners that at the time of recruitment, they are governed by the M.P. General Administration Department (Vetan Aayog Cell), Bhopal vide letter No.F-3-14/1/veaapra/98 dated 9-9-1998 and the Public Works Engineering (Gazetted) Service Recruitment Rules, 1969 and as per their pleadings, for next promotional post, minimum 8 years of service was required to be promoted as Assistant Engineer (Civil) and as per the Rules of 1969, though separate quota to the extent of 20% for promotion to the post of Assistant Engineer (Civil) was prescribed, but by the impugned Rules of 2015, the aforesaid quota prescribed for promotion to the post of Assistant Engineer (Civil) from the post of Sub- Engineer (Civil) has been amended and separate quota has been allotted to all the Sub-Engineers to the extent of 70%. As such, by introduction of the impugned Rules, promotional quota system i.e. separate quota allotted for Degree Holders & Diploma Holders has been done away and both the classes of Sub- Engineers have been clubbed altogether irrespective of their qualification which is not based on intelligible differentia and it has taken away their vested right to be promoted on the post of Assistant Engineer and therefore the rule is violative of their fundamental right to be promoted on the post of Assistant Engineer. Thus, the rule is liable to be quashed as it will jeopardize the promotion of Sub-Engineers (Civil) degree holders for whom 20% quota was separately fixed in the Rules of 1969.

Respondents’ Case: -

4. Return has been filed on behalf of the State / respondents stating inter alia that the power to frame rules to regulate the conditions of service under proviso to Article 309 of the Constitution of India carries it with the power to amend or alter the said rules. It has been further stated that any rules which affect the right of person to be considered for promotion is a condition of service, although mere chance of promotion may not. Mere chances of promotion are not conditions of service and the fact that there was reduction in the chances of promotion did not tantamount to a change in the conditions of service, but the right to be considered for promotion is a term of service, but mere chances of promotion are not. It has also been pleaded that fixation of quotas or different avenues and ladders for promotion in favour of various categories of posts in feeder cadres based upon th