Court dismisses petition challenging amendment to recruitment rules, citing policy decision and delay in filing.
The Chhattisgarh High Court has dismissed a writ petition challenging the constitutional validity of an amendment to the recruitment rules that allowed work-charged employees to be eligible for promotion to the post of Sub-Engineer (Civil). The judgment, delivered by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, emphasized that the amendment was a policy decision made under Article 309 of the Constitution and enjoys a presumption of constitutionality.
The petitioners, Bashil Minj and others, working as Tracer (Civil) and Assistant Draftsman (Civil) in the Public Works Department, contended that the inclusion of work-charged employees in the feeder category for promotion violated Articles 14 and 16 of the Constitution. They argued that work-charged employees are not regular government servants and should not be equated with permanent employees.
However, the court held that the amendment was a policy decision by the State and cannot be interfered with unless it is manifestly arbitrary or unconstitutional. The court noted that the amendment aimed to rectify stagnation and provide career progression opportunities for qualified work-charged employees. Furthermore, the court observed that the petition was filed with significant delay, over two years after the amendment and more than a year after the promotions, making it liable for dismissal on the grounds of laches.
The court also emphasized that no government servant has a vested right to promotion, only a right to be considered for promotion according to prevailing rules. The petitioners' grievance of reduced promotional prospects does not confer an enforceable right under Articles 14 and 16.
Ultimately, the court concluded that the inclusion of work-charged employees as eligible for promotion was based on rational classification linked to educational qualifications and experience, satisfying the intelligible differentia test under Article 14. The judgment reinforces the principle that judicial review of policy decisions is limited unless there is a violation of constitutional provisions.
Bottom Line:
Service Law - Amendment to recruitment rules to include work-charged employees in the feeder category for promotion is a policy decision made under Article 309 of the Constitution - Such amendments enjoy a presumption of constitutionality unless proven arbitrary, unconstitutional, or manifestly unjust - Mere reduction in chances of promotion does not amount to violation of Articles 14 and 16 of the Constitution.
Statutory provision(s): Article 309 of the Constitution of India, Articles 14 and 16 of the Constitution of India, Chhattisgarh Public Services (Promotion) Rules, 2003, Chhattisgarh Public Works Department (Non-Gazetted) Service Recruitment Rules, 2016.
Bashil Minj v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2843222
