Chhattisgarh High Court Upholds Constitutionality of 2023 Judiciary Service Rules

Stenographers' Petition for Mandatory Inter-Cadre Switch and Pay Parity with Administrative Officers Dismissed

In a significant ruling, the Chhattisgarh High Court dismissed the writ petition filed by Om Prakash Ram and others, challenging the constitutional validity of the Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Rules, 2023. The petitioners, who are Senior Personal Assistants (Stenographers Grade-I) in the district judiciary, sought mandatory implementation of the Shetty Commission's recommendations for inter-cadre mobility and pay parity with Administrative Officers.

The petitioners argued that the non-implementation of these recommendations violated Articles 14 and 16 of the Constitution, which ensure equality and non-discrimination in employment. However, the court, presided over by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, ruled that the recommendations of the Shetty Commission are directory and subject to administrative feasibility. The court noted that the functional differentiation between Stenographer and Ministerial/Supervisory Cadres is constitutionally permissible and does not amount to arbitrariness or hostile discrimination.

The court emphasized that the service rules, framed under Articles 309 and 235 of the Constitution, enjoy a presumption of constitutionality. It stated that the burden was on the petitioners to prove manifest arbitrariness or discrimination, which they failed to establish. The court also highlighted that the Stenographer Cadre requires specific technical competencies distinct from the administrative duties of the Ministerial Cadre.

Furthermore, the court noted that the 2023 Rules provide a structured promotional pathway within the Stenographer Cadre, addressing career advancement concerns. The court reiterated that policy decisions regarding cadre restructuring and pay scales fall within the administrative domain and are not subject to judicial interference unless proven to be arbitrary.

In conclusion, the court found no constitutional infirmity in the 2023 Rules and dismissed the writ petition, thereby upholding the administrative prerogative in cadre management and pay structuring within the judiciary.

Bottom Line:

Stenographers in the District Judiciary of Chhattisgarh cannot claim mandatory switch-over to Ministerial/Supervisory Cadre or equal pay with Administrative Officers based on the Shetty Commission recommendations, as such recommendations are directory and subject to administrative feasibility.

Statutory provision(s): Articles 14, 16, 309, 235 of the Constitution of India

Om Prakash Ram v. State Of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2819550