The Court held that employees of the State Legal Services Authority are entitled to service conditions, including promotional avenues, on par with other State Government departments; thus, fixing a lower promotion quota (15%) for class-IV employees compared to the standard 25% in other departments is arbitrary.

AFR

C A V Order

Per, Rajani Dubey, Judge

1. The present petition has been filed by the petitioners under Article 226 of the Constitution of India challenging the advertisement dated 04.01.2018 issued by respondent No. 2, whereby applications were invited to fill up 101 posts of Assistant Grade-III; however, no post was earmarked to be filled by way of promotion from Class-IV employees as provided under Rule-12 of the Chhattisgarh State Legal Services Authority Notification.

2. Facts of the case, in brief are that the petitioners were appointed as Peon and Process Server (class-IV employee) and working in the office of State Legal Services Authority/District Legal Services Authority since 2001, 2002 and 2011. On 04.01.2018, respondent No. 02, Member Secretary issued an advertisement thereby inviting applications for filling up total number of 101 posts of Assistant Grade-III. The petitioners have challenged the said advertisement on the ground that as per Rule 6 of Chhattisgarh State Legal Services Authority Officers and Employees (Recruitment) Rules, 2012, the recruitment to the post of Assistant Grade-III is to be made as specified in Schedule-II. Schedule-II stipulates that 85% post of Assistant Grade-III is to be filled up by direct recruitment through competitive exam or by deputation and remaining 15% by way of promotion amongst the Class-IV employees. The qualification prescribed for the post of Assistant Grade-III is that a candidate must have passed Higher Secondary Examination from recognized board or 1st year of graduation from any recognized university and must have passed 1 year diploma in data entry/programming at the speed of 5000 key depressions per hour from government recognized institution. However, for the candidates who are considered for appointment in Assistant Grade-III by way of promotion from Class-IV category, the minimum qualification so prescribed shall not be mandatory. Earlier, the General Administration Department of State of Madhya Pradesh vide its notification dated 23.05.1996 reserved 25% in place of 20% quota for their promotion to the post of Assistant Grade-III vide Annexure-P/04. The Scheduled Caste and Scheduled Tribe Development Department in State of Chhattisgarh, Raipur has also issued notification on 01.06.2013, thereby reserving 25% quota for Class-IV employees for their promotion to the post of Assistant Grade-III. However, in the instant case, the respondent authorities while issuing the impugned advertisement instead of reserving 15% or 25% quota for Class-IV employees, invited applications for direct recruitment on the total 101 posts of Assistant Grade-III which is per se illegal, arbitrary and contrary to Chhattisgarh State Legal Services Authority Officers and Employees Recruitment Rules 2012. Hence, this petition filed by the petitioners seeking following reliefs:-

10.1 Hon’ble Court may kindly be pleased to call entire records of the case.

10.2 Hon’ble Court may kindly be pleased to set-aside the advertisement dated 04.01.2018.

10.3 Hon’ble Court may kindly be pleased to direct respondent