The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.

ORDER :

1. Heard Mr. Mateen Siddiqui, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Additional Advocate General, appearing for the State/respondent Nos. 1 to 4, Mr.Chandresh Shrivastava, learned counsel, appearing for respondent Nos. 5, 6, 9, 10, 13, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 34 and Mr. Pawan Shrivastava, learned counsel, appearing for respondent Nos. 7, 8, 14, 20, 33 and 35.

2. It has been pointed out by learned State counsel that during pendency of present petition, respondent No.11, namely Alok Kumar Jain, has died.

3. In that view of the matter, the name of respondent No.11, namely Alok Kumar Jain is deleted from the array of parties.

4. The present petition has been filed by the petitioners under Article 226 of the Constitution of India, seeking following reliefs :-

“10.1 This Hon'ble Court may kindly be pleased to set-aside/quash or declare the impugned amended notification dated 22.01.2022 (Annexure-P/1) as being ultra-vires viz-a-viz Article 14 & 16 of the Constitution of India;

10.2 This Hon'ble Court may kindly be pleased to quash the impugned promotion orders dated 14.07.2023 & 29.08.2023 (Annexure-P/2) issued by the Chief Engineer, Public Work Department, Raipur.

10.3 This Hon'ble Court may kindly be pleased to direct the respondents' authorities to consider the candidature of petitioners for promotion on the post of Sub-Engineer (Civil) from the date of private respondents promoted as Sub-Engineer (Civil) with all consequential benefits.

10.4 This Hon'ble Court may kindly be pleased to issue any other order or orders, writ or writs, direction or directions as this Hon'ble court may deem' fit in the facts and circumstances of the case in favor of the petitioners, in the interest of justice.”

5. Facts of the case, in brief, are that the petitioners No.1 to 4 are working on the post of Tracer (Civil) and petitioners No.5 & 7 are working on the post of Assistant Draftsman (Civil) in the Public Work Department of State of Chhattisgarh. The service conditions of petitioners are governed by the rules of Chhattisgarh Public Work Department (Non-Gazetted) Service Recruitment Rules, 2016 (for short, ‘Rules, 2016’ and the promotional post of Tracer (Civil)/Assistant Draftsman (Civil) is Sub-Engineer (Civil). The Schedule-II of Rules, 2016 specified that the 95% posts of Sub Engineer (Civil) shall be filled up by direct recruitment and rest of 5% posts be filled up through promotion. The Schedule-III of rules, 2016, provides that 5% post of Sub-Engineer (Civil) shall be reserved for Tracer/Assistant Draughtman working on lower post and prescribed educational qualification for the post of Sub- Engineer (Civil) is passed minimum three years diploma in Civil, Electrical and Mechanical or equivalent Engineering from recognized established by State Government. As per the Schedule-IV of Rules, 2016 the Diploma holder/Degree holder Tracer/Assistant Draftsman etc. working in lower post and having five years of experience are eligible for promotion to the post of Sub-Engineer (Civil).

6. Vide impugned notification dated 22.01.2022, the respondent authority has made amendment in column (2) of serial number 1 of Schedule-IV of Rules, 2016, after the words and symbol "Diploma holder/Degree holder Tracer/ Assistant Draftsman etc. working in lower post", the words and symbol "Diploma holder/Degree holder Field Assistant of Work Charged Establishment" has been added. By way of aforesaid impugned notification dated 22.01.2022, the respondent authority made the diploma/deg