AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.294 of 2022 Order reserved on: 1-2-2022 Order delivered on: 14-2-2022 (Through Video Conferencing)

Jai Narayan Verma, S/o Late Sukhi Ram Verma, aged about 39 years, working as Assistant Grade-3 at District & Sessions Judge, Kabirdham, District Kabirdham (C.G.)

---- Petitioner Versus District & Sessions Judge, Kabirdham, District Kabirdham (C.G.)

---- Respondents ------------------------------------------------------------------------------------------------------

For Petitioner: Mr. C. Jayant K. Rao, Advocate.

For Respondent: Mr. Amrito Das, Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal C.A.V. Order

1. The petitioner herein has called in question legality, validity and correctness of memo dated 31-12-2021 (Annexure P-1) by which his application seeking no objection certificate from the respondent herein for applying for the post of Assistant Grade-III in the office of the District & Sessions Judge, Raipur has been rejected finding no merit. The aforesaid challenge has been made on the following factual backdrop: —

2. The petitioner herein was appointed by order dated 26-3-2018 and is presently working on the post of Assistant Grade-III in the establishment of District & Sessions Judge, Kabirdham – respondent herein, in pay matrix Level-4 with grade pay of ₹ 1,900/-. Thereafter, an advertisement was published on 24-12-2021 for recruitment to the post of Assistant Grade-III in pay matrix Level-4 with grade pay of ₹

1,900/- in the establishment of District & Sessions Judge, Raipur for which the petitioner herein made an application on 29-12-2021 to the respondent herein seeking grant of no objection certificate for making application before the District & Sessions Judge, Raipur for appointment on the said post of Assistant Grade-III in terms of eligibility condition clause (2)(7) of the advertisement (Annexure P-3) which prescribes that the candidates who are already in Government service shall have to mandatorily submit no objection certificate from their present employer. The respondent herein duly considered the application filed by the petitioner seeking no objection certificate and by the impugned order, after evaluating the attending circumstances and in the light of the operational Government circular dated 21-10- 1980 (Annexure R-1), rejected the same which has been called in question in the instant writ petition.

3. The respondent herein has filed return stating inter alia that the petitioner’s application was duly considered and since for the establishment of respondent District & Sessions Judge, Kabirdham, there are 31 sanctioned posts in the cadre of Assistant Grade-III out of which 13 posts are lying vacant, therefore, in the light of circular dated 21-10-1980, the petitioner’s application has been rejected. It has also been stated that circular dated 21-10-1980 categorically states that the application seeking no objection would be considered in case of Class-III clerical grade employee who intends to proceed in any other department of the State Government on a higher pay scale by way of direct recruitment. Since the petitioner has sought permission to appear in the selection process for appointment on the post of Assistant Grade-III in pay matrix Level-4 with grade pay of ₹ 1,900/- which is equivalent to the current post held by him in the establishment of the respondent herein, therefore, his application has rightly been rejected. It has further been submitted that though it is a fundamental right of a citizen to practice any profession or to carry on any occupation, trade or business, but a reasonable restriction can be imposed under the scheme of the constitutional provision and therefore on account of compelling circumstances and administrative exigency, the petitioner has not been granted permission to participate in the process of direct recruitment for