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IN THE HIGH COURT OF CHHATTISGARH
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Chandrakant Sahu (Deleted) – Appellant
Versus
High Court of Chhattisgarh – Respondent
Order :
(Bibhu Datta Guru, J.)
1. By the present writ petition, the petitioners are seeking for the following reliefs :-
10.1 That, the Hon'ble court may kindly be pleased to call for the entire records of the case.
10.2 That, the Hon'ble Court may be pleased to pass suitable orders that the rules of promotion of the petitioners as laid down in the relevant Service Rules, 2003 and 2015 be only applicable to consider the promotion of the petitioners.
10.3 That, the Hon'ble Court may be pleased to pass suitable order(s) to quash the amendment in promotion rules criteria notified in 2017 based on which the impugned notice dated 24.02.2022 has been issued.
10.4 That, the Hon'ble Court may be pleased to pass suitable order(s) to quash the impugned notice dated 24.02.2022.
10.5 That, the Hon'ble High Court may be pleased to direct the competent authority to consider and issue promotion order to the petitioner from class-IV to Assistant Grade-III on the basis of experience and qualification criteria as envisaged from Rule 2015 read with Rule 2003.
10.6 Any appropriate writ, direction or order in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.
2. By wa
The court upheld the validity of amended promotion rules, ruling they apply prospectively and that participation in the selection process waives the right to challenge it.
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.
The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.
(1) Estoppel – Principle of estoppel cannot override law – If law requires something to be done in a particular manner, then it must be done in that manner, and if it is not done in that manner, then....
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
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