IMPORTANT POINT
The classification of posts and determination of pay scales falls within the executive's domain, and courts should not interfere unless there is clear arbitrariness.

ORDER :

(Goutam Bhaduri, J.) :

1. Challenge in the present petition is to Schedule-I of the rules namely; Chhattisgarh, Directorate of Archaeology, Archives, Museums, Official Language and Culture Class-III (Non-Gazetted, Non-Clerical) Service Recruitment Rules, 2020 (Annexure - P/2) in respect of the post of Supervisor and Excavation Assistant and Schedule-IV of the rules namely; Chhattisgarh, Directorate of Archaeology, Archives, Museums, Official Language and Culture Class-I and Class-II (Gazetted) Service Recruitment Rules, 2020 (Annexure – P/1) wherein for promotional avenue to the post of Archaeologist, the post of Supervisor, who is placed at Level-9 and Excavation Assistant, who is placed at Level-8 have been put at par.

2. (i) Case of the petitioner is that he joined the Department as an Excavation Assistant on 5-9-2008 and till date he is working in the same post. At the time of appointment of the petitioner, the services of the petitioner were governed by the provisions of the Madhya Pradesh Archaeology, Archive and Museum, Directorate Grade-III (Non Gazetted Non Clerical) Service Rules, 1998 (for brevity ‘the Rules, 1998’). The said Rules, 1998 were adopted by the State of Chhattisgarh as per the notification dated 25-9-2002.

(ii) According to the petitioner, Rules 6 & 13 of the Rules, 1998, which provide for recruitment & promotion wherein the reference is made to Schedule IV Entry 3 of the Rules, 1998. Pursuant to the said Rules, the post of Excavation Assistant was to be filled up by way of promotion from the post of Supervisor with five years experience, thereby the post of Supervisor was subordinate to the post of Excavation Assistant. Likewise, the new set up was issued by the State of Chhattisgarh in the notification dated 25-9-2002 whereby the pay band of Excavation Assistant was at Rs.4500-7000 and the pay band of Supervisor was at Rs.4000-6000.

(iii) In the meanwhile, the State of Chhattisgarh received the recommendation from the Brahma Swarup Committee, which was specially constituted to redress the various grievances which include the post of Supervisor wherein the Committee after going through the nature of work recommended the pay scale of Supervisor from Rs.4500-7000 to Rs.5500-9000 whereas the post of Excavation Assistant was not touched upon. In fact, the petitioner was initially appointed as Excavation Assistant as per the Rules, 1998 and, as such, he could not been placed below the Supervisor, as the Rules, 1998 speaks about promotional post of Excavation Assistant from the post of Supervisor thereby unequal cannot be treated equally or above, which would be violative of Article 14 of the Constitution of India.

3. Learned counsel appearing for the petitioner would submit that in Schedule-IV of the Chhattisgarh, Directorate of Archaeology, Archives, Museums, Official Language and Culture Class-I and Class-II (Gazetted) Service Recruitment Rules, 2020 (Annexure – P/1) the posts of Supervisor and Excavation Assistant have been placed at par for promotion to the post of Archaeologist and in Schedule-I of the Chhattisgarh, Directorate of Archaeology, Archives, Museums, Official Language and Culture Class-III (Non-Gazetted, Non-Clerical) Service Recruitment Rules, 2020 (Annexure – P/2) the post of Supervisor has been placed at a higher pedestal at S.No.2 than that of the Excavation Assistant, who is placed at S.No.13, therefore, there is a violation and deviation from the original rules of appointment and, as such, the same is ultra vires to the fundamental right of the petitioner.

4. Learned counsel appearing for the State, ex adverso, would submit that the Rules so framed in 2020 was based on the in puts which includes the Brahma Swarup Committee report wherein the nature of work was evaluated and consequently, the Supervisor was placed at a higher pedestal than that of Excavation Assistant looking to their nature of work the said Rules were framed on the basis of report of expert committee and no independe