AFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 1480 OF 2021 [Order reserved on : 16.04.2024] [Order passed on : 23.04.2024]

1. Dinesh Kumar Yadav, S/o Shri Badlu Ram Yadav, aged about 52 years, R/o Shri Hari Nivas, in front of FCI Gobranavapara, Tahsil Abhanpur, P.S.

Gobranavapara, District Raipur, Chhattisgarh.

2. Anil Kumar Jha, S/o Shri Suryakant Jha, aged about

45 years, R/o Quarter No.1433, Indra Chowk, Ravanbhata, Mandir Hasoud, Tahsil Arang, P.S.

Mandir Hasoud, District Raipur, Chhattisgarh.

3. Shriniwas Dwivedi, S/o Late Shri Narayan Prasad Dwivedi, aged about 40 years, R/o House No. 359 (W), Ward No.11, Ganjpara, Bemetara, Tahsil Police Station and District Bemetara, Chhattisgarh.

4. Ateeq Azeem, S/o Late Shri Azeem Khan, aged about

35 years, R/o Plot No.46, RDA Colony, Tikrapara, Raipur, Police Station Tikrapara, Tahsil and District Raipur, Chhattisgarh.

5. Manoj Kumar Kashyap, S/o Shri Pratap Kashyap, aged about 39 years, R/o Village Vicharpur (Kapa), Post Rajpur, Tahsil and Police Station Takhatpur, District Bilaspur, Chhattisgarh.

6. Virendra Kumar Verma, S/o Shri Chabiram Verma, aged about 42 years, R/o In front of Shitla Mandir, Hathnipara Ward, Bhatapara, Tahsil and Police Station Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh, through: its Chief Secretary, General Administration Department, Mahanadi Bhawan, Mantralay, Police Station and Post Rakhi, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

2. State of Chhattisgarh, through its Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralay, Police Station and Post Rakhi, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

3. Director, Office of Director, Department of Urban Administration and Development, Indravati Bhawan, Police Station and Post Rakhi, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

... Respondent(s)

__________________________________________________________

For Petitioner :- Mr. Abhishek Pandey, Advocate.

For Respondents :- Mr. Arvind Dubey, Government Advocate.

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Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal

CAV Order

Sanjay K. Agrawal, J.

1. Invoking Writ jurisdiction of this Court under Article

226 of the Constitution of India, the Petitioners herein challenge the constitutional validity of Sl. No.9 enacted under Rules 14 & 15 of Scheduled-IV of the Chhattisgarh State Municipal (Executive/Engineering/ Health) Services, Recruitment and Conditions of Service Rules, 2017 (henceforth shall be referred to as, Rules of 2017) by which 12 years experience has been prescribed for Sanitation Inspector to qualify for the promotional post of Health Officer, branding it to be arbitrary, unreasonable and unconstitutional and seeking a writ to declare it ultra vires and unconstitutional to the provisions of Section 14 & 16 of the Constitution of India.

2. Petitioner No.1 was appointed on the post of Sanitary Inspector on 22.10.1997 and Petitioners No.2 to 6 were also appointed on the post of Sanitary Inspector in the year 2013 and all of them are said to have working on the said post since their appointment. Grievance of the Petitioners is that different eligibility criteria have been fixed in Schedule-IV of the Rules of 2017 for promotion from the post of Sanitation Inspector to the post Health Officer for which 12 years experience has been prescribed on the post of Sanitation Inspector, which is clearly arbitrary, discriminatory and unconstitutional to the provisions of Articles 14 & 16 of the Constitution of India. Further grievance of the Petitioners is that after being promoted to the post of Health Officer, there are no further promotional avenues available for the Sanitary Inspector and therefore the Rules of 2017 require suitable amendment by way of change of cadre for promotion from the post of Sanitation Inspection to the post of Chief Munic