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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, BIBHU DATTA GURU
Om Prakash Ram, S/o. Late Shri Khamdaram – Appellant
Versus
State of Chhattisgarh, Through Secretary, Law And Legislative Affairs Department – Respondent
Order :
Ramesh Sinha, C.J.
1. Heard Mr. Samrath Singh Marhas, learned counsel for the petitioners as well as Mr.Praveen Das, learned Deputy Advocate General appearing for respondents No.1 and 2/State and Mr.Anurag Dayal Shrivastava, learned counsel appearing for respondents No.3 and 4.
2. The present petition has been filed by the petitioners with the following prayers :
“10.1.Call for the entire records of the relevant Commission constituted in compliance of Justice Shetty Commission Recommendations particularly with regard to services of Stenographers and Subordinate Court Staff and their progress made so far,
10/2. Declare the entry at Serial No. 1 Column No. 3 in Schedule II of Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023 as ultra vires to the Constitution of India;
10.3 Direct the Respondent Authorities to include the Senior Personal Assistants (Stenographer Grade _ I) along with the Deputy Clerk of Court proportionately in Serial No. 1 Column No. 3 in Schedule II of Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023;
10.4. Direct the Respondent Authorities to imple
The court established that the recommendations of the Justice Shetty Commission are advisory and not binding, allowing states autonomy in implementing changes to service rules while respecting consti....
AMENDMENT TO RULE 14(V) OF THE RAJASTHAN DISTRICT COURTS MINISTERIAL ESTABLISHMENT RULES, 1986, DOES NOT EXCLUDE STENOGRAPHER GRADE-I AND PERSONAL ASSISTANT CUM EXECUTIVE ASSISTANT FROM THE ZONE OF C....
Promotional selections for Stenographer Grade-I must strictly adhere to the Shetty Commission recommendations, prioritizing Stenographer Grade-II candidates based on binding Supreme Court mandates.
The court ruled that only eligible Stenographer Grade-II candidates, not Grade-III, can be considered for promotions to Stenographer Grade-I, enforcing adherence to the Shetty Commission's recommenda....
Rule 14(v) of Rules of 1986, pre-amendment and post amendment, reads as Promotion.
The court established that the Odisha Public Service Commission must restructure its cadre to align terms of service with the Secretariat, ensuring equal treatment under the governing regulations, ad....
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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.
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