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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, BIBHU DATTA GURU
Om Prakash Sharma, S/o. Late Nemi Chand Sharma – Appellant
Versus
State Of Chhattisgarh, Through The Secretary – Respondent
Order :
Ramesh Sinha , CJ.
1. Heard Mr. Somkant Verma and Mr. Rishi Kant Mahobia, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the respondent No. 1 & 2/State and Mr. Dhiraj Wankhede, learned counsel, appearing for the respondent No. 3/UGC.
2. The present petition has been filed by the petitioners with the following prayers :
“10.1 That, this Hon'ble Court may kindly be pleased to issues necessary Direction/ Writ in the nature of mandamus to the respondent authorities to amend the M.P. Class III Service Recruitment and Promotion (Mahavidhyala Shakha) Rules 1974 and to create promotional avenues for the post of Laboratory Technicians within some stipulated period.
10.2 Any other relief deem fit in the present facts and circumstances of this case may also be awarded to the petitioners alongwith the cost of the petition throughout.”
3. Brief facts of the case are that the petitioners are Laboratory Technicians working in different Colleges of the State of Chhattisgarh. They are governed by the M.P. Class III Service Recruitment and Promotion (Mahavidhyala Shakha) Rules, 1974. Petitioner No. 1 was first appointed as a Labo
The court ruled that the state was not legally obligated to create promotional avenues for Laboratory Technicians under the existing service rules.
Recruitment - plea raised by the petitioners is fallacious - As mere acquiring of qualification at a relevant point of time cannot give rise to an expectation, much less, legitimate expectation of ap....
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.
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
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