2025:CGHC:1723-DB AFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 3674 OF 2022 [Order reserved on : 04.12.2024] [Order passed on : 10.01.2025]

 Rajat Kumar Kesharwani, S/o Shri Mahesh Prasad Kesharwani, aged about 49 years, posted as Chemist, at O/o the Deputy Director, Industrial, Health and Safety, Hygiene Laboratory, Raipur, District Raipur (C.G.)

... Petitioner(s)

Versus

1. State of Chhattisgarh, through: Secretary, Department of Labour, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur (C.G.)

2. The Labour Commissioner, Chhattisgarh, H.Q., Indrawati Bhawan, Nawa Raipur, Atal Nagar, Raipur (C.G.)

3. The Chhattisgarh Public Service, Commission, Raipur, through: Secretary, Shankar Nagar Road, Raipur (C.G.)

... Respondent(s)

__________________________________________________________

For Petitioner :- Mr. Rajesh Kumar, Kesharwani, Advocate, with Ms. Shrijita Kesharwani, Advocate.

For Respondents 1 & 2 :- Mr. Arvind Dubey, Government Advocate.

For Respondent 3 :- Mr. Anand Mohan Tiwari, Advocate.

_________________________________________________________

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Radhakishan Agrawal

C A V Order

Sanjay K. Agrawal, J.

1. Invoking writ jurisdiction of this Court under Article

226 of the Constitution of India, the Petitioner herein has challenged the constitutional validity of the Chhattisgarh Labour Service (Non-Gazetted) Class-III Recruitment Rules, 2014 (hereinafter shall be referred to as ‘the Rules of 2014’) to the extent of Column No.4, Serial No.13 of Schedule-IV of the said Rules of 2014, as well as the Notification dated 4.9.2017 whereby amendment has been made in the Chhattisgarh Labour (Gazetted) Service Recruitment Rules, 2013 (hereinafter shall be referred to as ‘the Rules of 2013’) to the extent of Column No.2, 3 & 4, Heading-B of Schedule-II by which the post of ‘Assistant Director (Industrial Hygiene)’ has been inserted in the Rules of 2013 and which has to be filled up 100% by direct recruitment through Public Service Commission, branding it to be arbitrary, unreasonable and unconstitutional and seeking a writ to declare it ultra vires and unconstitutional to the provisions of Articles

14 & 16 of the Constitution of India.

Factual matrix of the case, in brief:-

2. It is the case of the Petitioner that initially he was appointed on the post of Chemist by Order dated 18.1.2008 and he was entitled for the benefit of Time Scale Pay in 2018 on completion of 10 years of his service. However, he was granted the said benefit by Order dated 8.1.2021, but no arrears have been paid. Further case of the Petitioner is that while enacting the Rules of 2014, total four (04) posts of the Chemist were sanctioned without providing any promotional avenue for the said post and only the Time Scale Pay has been provided on completion of 10 years of service, whereas in the service of Government of India, the post of Chemist is called ‘Senior Scientific Assistant’ and the promotional post of Chemist is the post of ‘Assistant Director (Industrial Hygiene)’, however, in accordance with the Rules of 2014 only one post of Assistant Director (Industrial Hygiene) has been sanctioned and which has to be filled up by direct recruitment and to fill up the said post, the Respondent No.3-Chhattisgarh Public Service Commission invited application through advertisement. Petitioner’s case further is that in the State of Chhattisgarh, only the Petitioner is having the requisite qualification for the post of Assistant Director (Industrial Hygiene) and only a single post has been advertised by direct recruitment, but on account of over-age, the Petitioner could not participate in the said recruitment process. Therefore, the Petitioner made representation for creating promotional channel for the post of Chemist like the recruitment rules enacted by the Ministry of Labour & Employment, Government of India where in the service of the Central Government the post of Assis