Ramesh Kumar Rajput vs State Of Chhattisgarh on 19 March, 2026

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    Chattisgarh High Court

    Ramesh Kumar Rajput vs State Of Chhattisgarh on 19 March, 2026

    Author: Rajani Dubey

    Bench: Rajani Dubey

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                                                                                2026:CGHC:13091-DB
    
    Digitally signed
    by RAVVA UTTEJ
    KUMAR RAJU
                                                                                                AFR
    
                                  HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                The date when        The date when          The date when the order
                                  the order is         the order is           is uploaded on the
                                    reserved           pronounced                    website
                                                                            Operative          Full
                                   19.02.2026          19.03.2026               --       19.03.2026
    
                                                   WPS No. 4469 of 2019
    
    
    
                       1 - Ramesh Kumar Rajput S/o Shri Chandrabhan Singh Rajput, aged about
                       30 years, working as Peon in the office of the High Court Legal Services
                       Committee, Bilaspur, Bodri, District Bilaspur Chhattisgarh., District : Bilaspur,
                       (Chhattisgarh).
    
    
                       2 - Shashi Kumar Bhatt S/o Shri Babulal Bhatt, aged about 52 years, working
                       as Peon in the office of the State Legal Services Authority, Bilaspur, District
                       Bilaspur (Chhattisgarh).
    
    
                       3 - Dinesh Kumar Thethewar S/o Late Shri Makhan Lal, aged about 52 years,
                       working as Process Server in the office of the District Legal Services
                       Authority, Raipur, District Raipur (Chhattisgarh).
    
    
                       4 - Pawan Kumar Nirmalkar S/o Late Shri Bahoran Lal Nirmalkar, aged about
                       48 years, working as Peon in the office of the High Court Legal Services
                       Committee, Bilaspur, Bodri, District Bilaspur (Chhattisgarh).
    
    
                       5 - Ravi Kumar Pandey S/o Shri Kedarnath Pandey, aged about 40 years,
                                               2
    
    working as Peon in the office of the High Court Legal Service Committee,
    Bilaspur, Bodri, District Bilaspur (Chhattisgarh).
    
    
    6 - Jitendra Kumar Gond (Sirso) S/o Gautam Singh, aged about 41 years,
    working as Process Server in the office of the High Court Legal Service
    Committee, Bilaspur, Bodri, District Bilaspur (Chhattisgarh).
                                                                    ... Petitioners
                                          Versus
    
    
    1 - State of Chhattisgarh Through Secretary, Department of Law & Legislative
    Affairs, Mahanadi Bhawan, Atal Nagar, District Raipur (Chhattisgarh).
    
    
    2 - Member Secretary, Chhattisgarh State Legal Services Authority, Bilaspur,
    District Bilaspur (C.G.).
    
    
    3 - Dilip Kumar Chandrakar Assistant Grade 3, District Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    4 - Kipesh Kumar Dewangan Assistant Grade 3, District Legal Aid Authority,
    Dhamtari, Distt. Dhamtari, (C.G.).
    
    
    5 - Shiv Kumar Surya Assistant Grade 3, Permanent Lok Adalat, Public Utility
    Service, Raipur, Distt. Raipur, (C.G.).
    
    
    6 - Santlal Kerketta Assistant Grade 3, District Legal Aid Authority, Surguja,
    Distt. Ambikapur, (C.G.).
    
    
    7 - Dhamendra Kumar Sinha Assistant Grade 3, District Legal Aid Authority,
    Koriya, Distt. Baikunthpur, (C.G.).
    
    
    8 - Dilharan Sahu Assistant Grade 3, C.G. State Legal Aid Authority, Bilaspur,
    Distt. Bilaspur, (C.G.).
    
    
    9 - Mundi Prasad Joshi Assistant Grade 3, District Legal Aid Authority,
    Kondagaon, Distt. Kondagaon, (C.G.).
                                              3
    
    
    
    10 - Praveen Kumar Dubey Assistant Grade 3, C.G. State Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    11 - Girish Kumar Sahu Assistant Grade 3, District Legal Aid Authority,
    Raigarh, Distt. Raigarh, (C.G.).
    
    
    12 - Kamalakar Rao Chauhan Assistant Grade 3, C.G. State Legal Aid
    Authority, Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    13 - Shriram Kaushik Assistant Grade 3, C.G. State Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    14 - Firat Ram Yadav Assistant Grade 3, District Legal Aid Authority, Janjgir,
    Distt. Janjgir Champa, (C.G.).
    
    
    15 - Deepesh Kumar Sahu Assistant Grade 3, High Court Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    16 - Anil Kumar Tiwari Assistant Grade 3, High Court Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    17 - Shishir Deshpandey Assistant Grade 3, High Court Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    18 - Chandrashekhar Tiwari Assistant Grade 3, District Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    19 - Puranlal Yadav Assistant Grade 3, High Court Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
    
    
    20 - Badruram Baghel Assistant Grade 3, District Legal Aid Authority,
    Jagdalpur, Distt. Bastar, (C.G.).
    
    
    21 - Mahendra Kumar Pawar Assistant Grade 3, District Legal Aid Authority,
    Bilaspur, Distt. Bilaspur, (C.G.).
                                          4
    
    
    
                                                               ... Respondents
    
    
          ( Cause title is taken from Case Information System Software.)
    
    
    For Petitioners            :   Ms. Reena Singh, Advocate.
    For State/Respondent No. 1 :   Mr. Avinash Singh, G.A.
    For Respondent No. 2       :   Mr. Ashish Shrivastava, Senior Advocate
                                   along with Mr. Rahul Ambast, Ms.
                                   Shatabdi Bagchi and Mr. Ishan Singh
                                   Rathore, Advocate.
    For Respondents No. 3 to 21:   Mr. Pritam Kumar Tiwari, Advocate.
    
                     Hon'ble Smt Justice Rajani Dubey, J.
    

    Hon’ble Shri Justice Radhakishan Agrawal, J.

    C A V Order
    Per, Rajani Dubey, Judge

    SPONSORED

    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
    5

    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 1 st 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
    6

    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 authority to convent the Department Promotion
    Committee (D.P.C.) for promotion to the post of class-III
    (Assistant Grade-III) from class-IV employee. Hon’ble
    Court may further direct respondent authority to consider
    case of petitioners for promotion to the post of Assistant
    Grade-III from class-IV employee.

    10.4 The Hon’ble Court may kindly be pleased to direct
    respondents to earmarked 25% of total vacancy of class-III
    post, for promotion from class-IV employee, in State
    Legal/District Legal Service Authority instead of 15%
    reservation in promotion from class-IV to class-III
    employee and further declare 15% reservation in
    promotion from class-IV to class-III employees in State
    Legal/District Legal Services Authority as repugnant,
    contrary and unconstitutional and ultra vires, the same is
    being challenged, ought to be decided, in the interest of
    justice.

    3. Learned counsel for the petitioners would submit that in this

    petition, the petitioners are assailing the advertisement dated

    04.01.2018 issued by respondent No. 2 whereby the total 101

    posts of Assistant Grade-III/ Process Writer/ Computer Operator/

    Data Entry Operator are being filled up through direct recruitment

    without reserving any quota for Class-IV employees in
    7

    contravention of Rule 6 of Chhattisgarh State Legal Services

    Authority Officers and Employees (Recruitment) Rules 2012

    (hereinafter shall be referred to as “Rules, 2012”). She submits

    that in the entire State of Chhattisgarh, while filling up the post of

    Assistant Grade-III, 25% of the total number of posts is

    earmarked/reserved to be filled up by way of promotion from

    amongst Class-IV employees and 75% is filled up by direct

    recruitment. However, in State Legal/District Legal Services

    Authority, there is only 15% reservation for promotion of Class-IV

    employees which itself is contrary to Rule 10(2) of Chhattisgarh

    State Legal Services Authority Rules 2002 (in short “Rules, 2002”)

    as also contrary to Rule 16 of Rules, 2012. Rule 10 (2) of the

    Rules, 2002 states about the conditions of service and the salary

    and allowances of officers and other employees of the State

    Authority under sub-section (6) of Section 6. Rule 16 of the Rules,

    2012 speaks about the conditions of service, as per this Rule if

    there is no provision or provisions are insufficient in the Rules,

    2002 regarding conditions of service of all the officers and

    employees of the State Authority, the rules and orders for the time

    in force applicable in the government officers and employees

    holding corresponding post in the State Government shall be

    applicable. However, Schedule-II (4) of the Rules, 2012 runs

    contrary to Rule 10(2) of the Rules, 2002 and to this extent,

    Schedule-II (4) is repugnant, contrary, ultra vires and

    unconstitutional.

    8

    4. Learned counsel for the petitioners further argued that as per

    Section 6(6) of the Legal Services Authority Act, 1987 (in short,

    the Act of 1987), the officers and other employees of the State

    Authority shall be entitled to such salary and allowances and shall

    be subject to such other conditions of service as may be

    prescribed by the State Government in consultation with the Chief

    Justice of the High Court. Further, vide notification dated

    10.02.2017 under Article 229 clause(2), the Chief Justice of the

    High Court of Chhattisgarh Bilaspur, made Rules for regulating

    the appointment, conditions of service & conduct which is

    applicable to the Chhattisgarh High Court authorities and

    employees, would also be applicable to the Chhattisgarh State &

    District Legal Aid Authority and employees in the same manner.

    Even, as per Rules, 2012, Schedule III, S.No. 8, the eligibility

    criteria prescribed for promotion from Class-IV to Class-III is 5

    years service on Class-IV post. Though the petitioners herein are

    working since 2001 onwards and have also qualified Hindi

    Computer Typing in Departmental Promotion Exam 2018, but on

    account of 15% quota being fixed for promotion from Class-IV

    employees, the petitioners were left out and if the quota had been

    25%, they would have been promoted to the post of Assistant

    Grade-III. In the other departments of the State 25% quota is fixed

    for Class-IV employees for their promotion and 75% is filled up by

    way of direct recruitment. However, without assigning any reason,

    the petitioners have been deprived of this benefit and the
    9

    respondents have arbitrarily fixed 15% quota for Class-IV

    employees and 85 % posts is being filled up through direct

    recruitment. Learned counsel for the petitioners further submits

    that even in the parent High Court i.e., High Court of M.P., it has

    amended the M.P. State Legal Services Authority Rules, thereby

    enhancing the quota of 15% to 25% for Class-IV employees and

    this Court on 21.06.2019 passed an interim order, thereby making

    it clear that any appointment made during pendency of this writ

    petition shall be subject to the outcome of the writ petition. In view

    of the aforesaid submissions, the instant petition deserves to be

    allowed and the petitioners be granted the relief sought for.

    5. Reliance has been placed on this Court’s order dated 29.01.2026

    passed in WPS No. 3800 of 2020 in the case of Rukam Singh

    Tomar vs. State of Chhattisgarh and Ors.

    6. Per contra, Mr. Avinash Singh, learned G.A. for the respondent

    No. 1/State strongly oppose the prayer made by the petitioners

    and submits that the petitioners have failed to establish this fact

    that Rules are in violation of the Constitution and the Schedule-

    II(2) of the Rules, 2012 is in violation of the Act, 1987. The

    petitioners have failed to establish as to how their rights are

    violated by the impugned Schedule of the Rules, 2012. The sole

    contention of the petitioners is that they have very limited chances

    of promotion and in other departments, the ratio of promotion from

    Class-IV post to Class-III post is 25%. It is well settled principle of

    law that promotion cannot be claimed as a matter of right but
    10

    employee has right to be considered for promotion. The “Chances

    of Promotion” is not a “condition of service”. It has been held by

    the Hon’ble Supreme Court in the matter of Anil Kumar Vitthal

    Shete and Ors. vs. State of Maharashtra & Anr reported in

    (2006) 12 SCC 148. In the matter of A. Satyanarayana & Ors. v.

    S. Purushotham & Ors. reported in (2008) 5 SCC 416, the

    Hon’ble Supreme Court held that the power of the State to fix

    quota for promotion cannot be said to be violative of the

    Constitutional Scheme of equality as contemplated under Articles

    14 and 16 of the Constitution of India and this Court in the matter

    of Dr. Om Prakash Sharma vs. State of Chhattisgarh & Ors

    held in WPS No. 3214 of 2024 vide its order dated 25.11.2025

    that this Court cannot compel the State to create or sanction

    posts, nor it can mandate amendments to the statutory

    recruitment posts to introduce new promotional hierarchies.

    7. Mr. Ashish Shrivastava, learned Senior Advocate for respondent

    No. 2/SLSA strongly oppose the prayer of the petitioners and

    supporting the argument of the respondent No. 1/State submits

    that this petition is pending since 2019 and during pendency of the

    said petition vide notification dated 27.06.2025, the Schedule

    appended to the Rules, 2012 has been amended. This clearly

    shows that the instant writ petition as it was in its original form and

    content has already become infructuous and in view of issuance

    of notification dated 27.06.2025, it gives a fresh cause of action to

    the petitioners to prefer a fresh writ petition, if any and the said
    11

    issue cannot be assailed in the instant writ petition. The challenge

    to notification dated 27.06.2025 completely alters and changes

    the nature of the dispute pending before this Court. The

    petitioners have simply challenged the notification dated

    27.06.2025 by amendment without there being any substantive

    pleadings as to how and in what manner the said notification can

    be said to be bad in law. The notification dated 27.06.2025 is a

    delegated legislation whereby the State Government through the

    Department of Law and Legislative Affairs issued the impugned

    notification exercising the power conferred by Section 28 read

    with Section 6, Section 8-A, Section 9 and Section 11-A of Legal

    Services Authority Act, 1987 as well as Rule 25 of the

    Chhattisgarh State Legal Services Authority, 2002 to incorporate

    certain amendments in the Chhattisgarh State Legal Services

    Authority Officers and Employees (Recruitment) Rules 2012. The

    notification dated 27.06.2025 is a piece of delegated legislation

    which can only be challenged on the permissible ground as has

    been laid down by the Hon’ble Apex Court. So, this petition is

    without any merit and the same is liable to be dismissed.

    8. Reliance has been placed on the decision of Hon’ble Supreme

    Court in the matter of Dhole Govind Sahebrao and others v.

    Union of India and others reported in (2015) 6 SCC 727, In the

    matter of State of Maharashtra and Anr. v. Chandrakant Anant

    Kulkarni and Ors reported in (1981) 4 SCC 130, this Court’s
    12

    order dated 21.01.2026 in the matter of Bastil Minj and Ors. vs.

    State of C.G. and Ors. passed in WPS No. 6899 of 2024.

    9. Mr. Pritam Kumar Tiwari, learned counsel for respondents No. 3 to

    21 supported the argument of respondents No. 1 & 2 and submits

    that all respondents were promoted as per Schedule and Rules of

    Chhattisgarh State Legal Services Authority and during pendency

    of this petition, new notification was issued, but the Schedule has

    remained same and the petitioners have failed to demonstrate any

    legal injury caused to them due to 85% and 15% quota in the

    Rules, and, therefore, there is no legally sustainable ground for

    assailing vires of the Rules, 2012.

    10. Heard counsel for the respective parties and perused the material

    available on record.

    11. It is an admitted position in this case that the petitioners are

    working as Class-IV employees at Chhattisgarh State Legal

    Services Authority and High Court Legal Services Authority. It is

    also not disputed that petitioners No. 1 & 2 were posted since

    2011 and petitioner No. 3 is posted since 2001 and petitioners No.

    4 to 6 are posted since 2002 as Class-IV employees. The

    petitioners have filed this petition challenging Annexure-P/01

    advertisement dated 04.01.2018 by which various posts were

    sought to be filled up by the State Legal Services Authority,

    Bilaspur and also challenged the reservation quota of direct

    recruitment (85%) and for Class-IV employee (15%).
    13

    12. In exercise of the powers conferred by Section 28 read with sub-

    section (5) and (6) of Section 6, sub-section (5) and (6) of Section

    8A, sub-section (5) and (6) of section 9, sub-section (3) and (4) of

    Section 11A of the Legal Services Authorities Act, 1987 and rule

    25 of Chhattisgarh State Legal Services Authority Rules, 2002,

    the State Government in consultation with the Chief Justice of

    High Court of Chhattisgarh made rules relating to recruitment and

    conditions of service of officers and employees of the

    Chhattisgarh State Legal Services Authority i.e., Chhattisgarh

    State Legal Services Authority Officers and Employees

    (Recruitment) Rules, 2012. Schedule-II (4) of the Rules, 2012

    provides as under:-

    Schedule-II

    S.No. Name of the Post Method of Recruitment Qualification/Eligibility
    (1) (2) (3) (4)

    4. Assistant Grade III (1) 85% By direct recruitment 1) Must have passed
    (LDC)/Computer through competitive examination, Higher Secondary
    Operator/Process Writer. as may be prescribed by the Examination (10+2) from
    appointing authority or by recognized Board or 1st
    deputation of qualified personnel Year of graduation from
    from other departments. any recognized
    (2) By Promotion from amongst university.

    Class IV employees to the extent
    of minimum 15% (Not to be (2)Must have passed 1
    carried forward) subject to year diploma certificate
    suitability. in data
    entry/programming at the
    (3) By absorption/transfer of the speed of 5000 key
    services of employees of similar depressions per hour
    or equivalent higher pay scale from government
    working in any recognized institution.

                                          department/organization          of    the (For candidates who are
                                          Government.                                considered                for
                                                                                     appointment in assistant
                                                                                     grade -III (LDC) /process
                                                     14
    
                                                                           writer    by      way     of
                                                                           promotion from the class
                                                                           IV category the minimum
                                                                           qualification             so
                                                                           prescribed shall not be
                                                                           mandatory.)
    
    
    
    
    

    13. Earlier, the provisions of the Chhattisgarh State Legal Services

    Authority Rules, 2002 were applicable, and Rule 10 provides as

    follows:-

    10. the conditions of services and the salary ad
    allowances of officers and other employees of the
    State Authority under sub-section (6) of Section 6.

    (1) The officers and other employees of the
    indicated against each in Schedule-A to these
    rules.

    (2) In all matters like age of retirement, Pensions,
    Pay and allowances, benefits and entitlement
    the officers and the other employees of the
    State Authority shall be governed by the
    Services Rules as are applicable to persons
    holding equivalent post in the Chhattisgarh
    High Court/State Government, appoint

    14. During the pendency of this petition, new notification was issued

    on 27.06.2025 in which Schedule-II (4) has again remained the

    same which is reproduced for ready reference as thus:-

    S.No. Name of the Post Method of Recruitment Prescribed educational
    qualification/Eligibility
    (1) (2) (3) (4)

    4. Assistant Grade III (1) 85% By direct recruitment (1) For direct
    (LDC)/Computer through competitive recruitment-

    Operator/Process Writer. examination, as may be a) Passed (10+2)
    prescribed by the appointing Examination from
    authority or by deputation of recognized Board, Or
    qualified personnel from other Passed Old Higher
    departments. Secondary Examination
    15

    (2) By Promotion from amongst with year examination of
    Class IV employees to the graduation course from
    extent of minimum 15% (Not to any recognized
    be carried forward) subject to University.

    suitability.

    (3) By absorption/transfer of (b) One year
    the services of employees of Diploma/Certificate in
    similar or equivalent higher pay Data Entry Operator/
    scale working in any Programming from any
    department/organization of the recognized Institution.
    Government.

                                    (c) Certificate of Hindi
                                    English      typing        5000
                                    (Key)     Depression        per
                                    hour (through Computer
                                    and       Software)        from
                                    recognized
                                    Board/Institute
                                    Chhattisgarh                 or
                                    Stenography              Typing
                                    Council (efficiency test
                                    for     speed      shall    be
                                    taken).
                                    (2) For Promotion-
                                      Must      have      working
                                    knowledge on computer-
                                    (For candidates, who are
                                    considered                  for
                                    appointment          Assistant
                                    Grade-III (LDC)/ Process
                                    Writer      by      way      of
                                    promotion         from      the
                                    Class-IV     category       the
                                    minimum           qualification
                                    so prescribed shall not
                                    be mandatory).
                                                            16
    
      15. As         per      Chhattisgarh           High            Court         Services              (Appointment,
    
    

    Conditions of Service and Conduct) Rules, 2017, the First

    Schedule, Class-III S.No. 11, provides as under:-

    First Schedule

    Class-III

    S.No. Name of the post Existing Sanctioned Source & Method Minimum Qualification Scale of Pay/Level
    Strength of Appointment & experience in Pay Matrix

    11. Junior Judicial 313 1. 70% posts 1. For direct (19500-62000)
    Assistant shall be filled up recruitment a 10%
    by direct promotion (through
    recruitment limited competitive
    competitive examination):-

                                                     through                    (a) Must be a graduate
                                                     examination.               from      a     recognized
                                                     2.    20%          posts University and;
                                                     shall be filled up (b) One year diploma
                                                     by         promotion Course computer from
    

    from amongst the I.T.I. or an equivalent
    qualified Class-IV recognized
    employees Board/University.

    subject to 2. For 20% Promotion
    suitability and (subject to
    strictly on the suitability)-

    basis of seniority- (a) Must be a graduate
    cum-fitness. The from any recognized
    promotion shall University and;

                                                     be made in the (b) Must have working
                                                     ratio of 1:3 vis-a- knowledge                       on
                                                     vis     Staff       Car computer."
                                                     Drivers and other
                                                     Class-IV
                                                     employees.
                                                     3.    10%          posts
                                                     shall be filled-up
                                                     by         promotion
                                                     through         limited
                                                     competitive
                                                     examination
                                                     strictly      on     the
                                                     basis      of      merit
                                                     amongst              the
                                                     Class-IV
                                                     employees
                                                 17
    
                                           (including
                                           Contingency Paid
                                           Employees)
                                           having minimum
                                           255 years service
                                           in Class-IV posts
                                           (including
                                           Contingency Paid
                                           Employees)25
                                           from the date of
                                           appointment.
    
    
    
    
    

    16. It is not disputed by respondents No. 1 & 2 that in other State

    Departments, promotion quota is 75 % and 25%. The petitioners

    have also filed the notification of parent State Madhya Pradesh

    dated 23.05.1996 Annexure-A/04 which provides as under:-

    मध्यप्रदेश शासन
    सामान्य प्रशासन विभाग
    ज्ञाप क्रमांक सी. 3-10/1/3/96 भोपाल, दिनांक 23 मई, 1996

    शासन के समस्त विभाग,

    इत्यादि,

    मध्यप्रदेश।

    विषय :- चतुर्थ श्रेणी के कर्मचारियों की निम्न श्रेणी लिपिक के पदों पर नियुक्ति।

    सन्दर्भ :- सामान्य प्रशासन विभाग का ज्ञापन क्र. सी. 3-3/89/3/49, दिनांक 19-1-89.

    सामान्य प्रशासन विभाग के उपर्युक्त ज्ञापन में आं शिक संशोधन करते हुए राज्य
    शासन द्वारा यह निर्गर लिया गया है कि राज्य के सभी कार्यालयों में चतुर्थ श्रेणी कर्मचारियों
    के निम्न श्रेणी लिपिक के पदों पर नियुक्ति के लिये 20 प्रतिशत के स्थान पर 25 प्रतिशत
    स्थान सुरक्षित रखे जायें। अतः तद्‌नुसार भरती नियों में संशोधन कर लिया जाये। नियुक्ति
    के लिये अन्य शर्तें पूर्व वत् रहेंगी।

    17. Annexure-P/05 is notification dated 01.06.2013 issued by

    Aadimjaati tatha Anusuchit Jaati Vikas Vibhag Mantralay Service

    Rules, 2013 and as per this Rule, Schedule-II(4) provides as

    under:-

    18

    अनुसूची-दो

    स.क्र सेवा /पद का नाम पदों की कुल संख्या भरे जाने वाले कर्तव्य पदों की संख्या का
    प्रतिशत टिप्पणियों

    सीधी पदोन्नति अन्य सेवा से
    भर्ती//चयन द्वारा रथानान्तरण
    द्वारा द्वारा

    (1) (2) (3) (4) (5) (6) (7)

    (4) सहायक ग्रेड-3 566 75 प्रतिशत 25 प्रतिशत

    18. The Hon’ble Apex Court in the matter of Food Corporation of

    India and Ors. vs. Parashotam Das Bansal and Ors. reported

    in (2008) 5 SCC 100 held in paras No. 9, 10, 11 and 12 as under:-

    “9. The appellant is “State” within the meaning of Article 12 of

    the Constitution of India. An employee of a State although has

    no fundamental right of promotion, it has a right to be

    considered therefor. What is necessary is to provide an

    opportunity of advancement; promotion being a normal

    incidence of service.

    10. This Court in O.Z. Hussain (Dr.) v. Union of India¹ opined:

    (SCC pp. 691-92, para 7)

    “7. This Court, has on more than one occasion,

    pointed out that provision for promotion increases

    efficiency of the public service while stagnation

    reduces efficiency and makes the service ineffective.

    Promotion is thus normal incidence of service. There

    too is no justification why while similarly placed

    officers in other ministries would have the benefit of

    promotion, the non-medical ‘A’ Group scientists in the
    19

    establishment of Director General of Health Services

    would be deprived of such advantage. In a welfare

    State, it is necessary that there should be an efficient

    public service and, therefore, it should have been the

    obligation of the Ministry of Health to attend to the

    representations of the Council and its members and

    provide promotional avenue for this category of

    officers. It is, therefore, necessary that on the model

    of rules framed by the Ministry of Science and

    Technology with such alterations as may be

    necessary, appropriate rules should be framed within

    four months from now providing promotional avenue

    for the ‘A’ category a scientists in the non-medical

    wing of the Directorate.”

    11. The question also came up for consideration in Ujagar Prints

    (III) v. Union of India and Council of Scientific and Industrial

    Research v. K.G.S. Bhatt, In the latter decision, this Court held:

    (SCC pp. 638-39, para 9)

    “9…. It is often said and indeed, adroitly, an

    organisation public or b private does not ‘hire a hand’

    but engages or employs a whole man. The person is

    recruited by an organisation not just for a job, but for

    a whole career. One must, therefore, be given an

    opportunity to advance. This is the oldest and most

    important feature of the free enterprise system. The
    20

    opportunity for advancement is a requirement for

    progress of any organisation. It is an incentive for

    personnel development as well. (See c Principles of

    Personnel Management by Flipo Edwin B., 4th Edn.,

    p. 246.) Every management must provide realistic

    opportunities for promising employees to move

    upward. “The organisation that fails to develop a

    satisfactory procedure for promotion is bound to pay

    a severe penalty in terms of administrative costs,

    misallocation of personnel, low morale, and

    ineffectual performance, among both non-managerial

    d employees and their supervisors.’ (See Personnel

    Management by Dr. Udai Pareek, p. 277.) There

    cannot be any modern management much less any

    career planning, manpower development,

    management development, etc. which is not related

    to a system of promotions.’

    12. When employees are denied an opportunity of promotion

    for long years (in this case 30 years) on the ground that they

    fell within a category of employees excluded from

    promotional prospect, the superior court will have the

    jurisdiction to issue necessary direction.”

    19. This Court in a similar matter in WPS No. 2760 of 2015 in the

    case of Shrikant Pandey and Ors. vs. State of Chhattisgarh
    21

    and Ors. where the petitioners, were working as peon in the office

    of Advocate General held in paras No. 11, 12, 13 & 14 as under:-

    “11. Thus for all practical purposes, the periodical

    order dated 15/11/1984 which stood modified on

    19/01/1989 and later got further modified vide order

    dated 23/05/1996 remains in force in the State of

    Chhattisgarh as well.

    12. The documents which have been produced before

    this court in respect of Education Department, Women

    and Child Department, General Administration

    Department, Revenue Department, Commercial Tax

    Department so also Tribal Welfare Department have

    adopted the said orders. They have been taking into

    consideration the said circulars of the State

    Government and have kept reservation for class-IV

    category employees for promotion to class-III cadre at

    25%. This court thus sees no reason as to why there

    should be an exception to the Law and Legislative

    Department.

    13. Thus, once when by virtue of the order dated

    31/10/2002, the State of Chhattisgarh having held that

    all the circulars, memos and directions issued by the

    undivided State of Madhya Pradesh would be

    applicable in the State of Chhattisgarh as well, the

    petitioners also in the instant case would be entitled for
    22

    the same treatment wherein they should also be

    considered for the post of Assistant Grade-III wherein

    the percentage of posts available to them should be

    taken as 25% as and when the next vacancy arises.

    14. Accordingly, the present Writ Petition stands

    allowed and disposed off with a direction to the

    respondent No. 1 that, as and when the next

    recruitment to the post of Assistant Grade-III would be

    conducted in the Law and Legislative Department, the

    case of the petitioners would also be considered

    keeping the total number of post available to them at

    25% in accordance to the circular dated 23/05/1996.”

    20. Section 6(6) of the Legal Services Authority Act, 1987 provides as

    under:-

    Section 6. Constitution of State Legal Services
    Authority.

    (6) The officers and other employees of the State
    Authority shall be entitled to such salary and
    allowances and shall be subject to such other
    conditions of service as may be prescribed by the
    State Government in consultation with the Chief
    Justice of the High Court.

    21. The Rules, 2012 prescribe 15% quota for Class-IV employees for

    promotion to the post of Assistant Grade-III and 85% for direct

    recruitment. In the year 2025 a Gazette notification was issued

    where the said quota remains unchanged. It is also not disputed

    that in other government departments, the promotion quota is

    25% and direct recruitment quota is 75%. The petitioners have
    23

    also filed notification dated 15.07.2021 by which Government of

    Madhya Pradesh amended the Rules related to Madhya Pradesh

    State Legal Services Authority Recruitment and Services Rules

    2009 which is reproduced hereinunder for ready reference as

    thus:-

    Notification
    In the said rules, in rule 7(1)(2), for figure and words “Minimum
    15% (Fifteen) figure and words “Minimum 25% (Twenty Five)
    Shall be substituted.

    22. Thus, it is evident that, except for the petitioners’ department

    (SLSA), all other State Departments, including the State Legal

    Services Authority of the parent High Court, have revised their

    service conditions and fixed the promotion quota at 25%.

    However, the Chhattisgarh State Legal Services Authority has not

    amended the Schedule, and the quota still remains at 85% for

    direct recruitment and 15% for promotion.

    23. It is also not disputed that the petitioners are working since 2002

    and 2011 and due to this Schedule, they are not benefited like

    employees of other Government Department. From the very

    beginning Legal Services Authority Act, 1987 clearly held in

    Section 6(6) that Officers and other employees of the State

    Authority shall be entitled to such salary and allowances and shall

    be subject to such other conditions of service as may be

    prescribed by the State Government in consultation with the Chief

    Justice of the High Court and in notification dated 10.02.2017, it is
    24

    provided that appointment, conditions of service and conduct

    Rules, 2017 which is applicable to Chhattisgarh High Court

    authorities and employees would also be applicable to the

    Chhattisgarh State and District Legal Services Authority and

    employees in the same manner, but it is clear from Schedule-II

    that there is difference in service quota. The petitioners filed this

    petition in 2019 and this Court passed an interim order on

    21.06.2019 which reads as thus:-

    “Purely as an interim measure, it is ordered that any

    appointment made during the pendency of the writ petition

    shall be subject to the outcome of the writ petition.”

    24. Keeping in view the service conditions of the employees of

    various departments of the State Government, the employees of

    this High Court and the employees of the Legal Services Authority

    of the parent High Court i.e., High Court of M.P., this Court is of

    the opinion that the services of the petitioners herein also deserve

    to be governed by such conditions and no different yardstick can

    be applied to the detriment of their interest.

    25. On the basis of aforesaid discussion, respondents No. 1 & 2 are

    directed to amend Schedule-II(4) of Chhattisgarh State Legal

    Services Authority Officers and Employees (Recruitment) Rules,

    2012, thereby enhancing the quota of 15% reserved for class-IV

    employees to 25%. After such amendment if the petitioners are

    found suitable, then respondent No. 02 to grant them promotion

    with all consequential benefits including seniority except the
    25

    monetary benefits from the date of filing of this petition. The entire

    exercise must be completed within a period of 03 months from the

    date of this order.

    26. As an upshot, the writ petition stands allowed to the above extent

    only.

                         Sd/-                                     Sd/-
                    (Rajani Dubey)                       (Radhakishan Agrawal)
                         Judge                                  Judge
    
    
    
    U.K. Raju
     



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