1 2025:CGHC:21248-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3220 of 2025 1. Nutan Prakash Pardhan S/o Shri Gurudayal Singh Pradhan Aged About 33 Years R/o Kosamsara, Baloda Bazaar District Baloda Bazar Bhatapara Chhattisgarh. 2. Digeshwar Kumar Verma S/o Rikhi Ram Verma Aged About 33 Years R/o Changpara Gram Dhuma Post Baronda Rajim Dhooma District Gariyaband Chhattisgarh. 3. Renu Dansena W/o Hemant Dansena Aged About 36 Years R/o Annapurnapara, Kanker Nagar Palik, Kanker, District Uttar Bastar Kanker Chhattisgarh. 4. Someshwar Singh Thakur S/o Phuleshwar Singh Thakur Aged About 44 Years R/o House No. 1789 Ward No. 04 Paraganw Road, Gariyaband Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Additional Chief Secretary, Department of Public Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2. The Principal Secretary Department Of Public Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3. The Secretary Department of Public Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.05.09 19:12:38 +0530 2 4. The Director Health Services, Directorate of Health Services, Swasthya Bhawan, North Block, Sector - 19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. ...Respondent(s) For Petitioners : Mr. Harshmander Rastogi, Advocate. For Respondents/State : Mr. Prafull N. Bharat, Advocate General, assisted by Mr. Shashank Thakur, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 08.05.2025 1. Heard Mr. Harshmander Rastogi, learned counsel for the petitioners. Also heard Mr. Prafull N. Bharat, learned Advocate General, assisted by Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State. 2. The present writ petition has been filed by the petitioners with the following prayers: “10.1 That, this Hon’ble Court may kindly declare the Madhya Pradesh Public Health and Family Welfare (Directorate of Health Services) Class III Ministerial Service Recruitment Rules, 1989 (Annexure P/1) as Ultra vires as Schedule IV(b) of the Rules does not provide any promotional channel to the employees who 3 are working as Steno typists in Directorate of Health Services, Chhattisgarh. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders to the respondent authorities to provide promotion channels to the petitioners who are working in the post of Steno typists under Directorate of Health Services, to the post of Stenographer Grade-III and other subsequent posts. 10.3 That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders directing the respondent authorities to decide the representation made by the petitioners dated 02.04.2025 (Annexure P/11) in limited time frame. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Brief facts of the case are that the petitioner No. 1 is working as Steno typist in the office of Chief Medical and Health Officer (CMHO), Balodabazar-Bhatapara, petitioner No. 2 is working as Steno typist in the office of CMHO, Mahasamund, petitioner No. 3 is working as Steno typist in the office of CMHO, Uttar Bastar, Kanker and petitioner No. 4 is working as Steno typist in the office of CMHO, Gariyaband. The petitioners who are posted as Steno typist in Chhattisgarh Public Health and Family Welfare Department, are currently governed by the Madhya 4 Pradesh Public Health and Family Welfare (Directorate of Health Services) Class-III Ministerial Service Recruitment Rules, 1989 (for short, ‘Rules of 1989’). The said Rules has no promotional channel or promotion system of departmental promotion of Steno typist under Schedule IV(b) of the Rules. 4. Learned counsel for the petitioners submits that in the other departments of the Government of Chhattisgarh, the Rules of the promotion for the Clerk level have been amended and the promotion from the post of Steno typists to Stenographer has been done in accordance to the rules and regulations formulated thereon of the eligible Steno typists. Furthermore, the Chhattisgarh General Administration Department through a circular dated 07.06.2016, has instructed all the government departments and their respective heads to fill the vacant posts by 50% direct recruitment and 50% by the promotion. However, due to the absence of a promotion channel under the Rules of 1989 and absence of any rules for promotion by the Department of Public health and family welfare, Chhattisgarh, the Steno typists including petitioners are deprived of promotion even after completing around 10 years or more of service. 5. It is further stated by the learned counsel for the petitioners that earlier also an application is made under Right to Information Act to the Public Information Officer, Directorate of Health Services by the General Secretary of the Chhattisgarh State Health Employees Association seeking information about the number of promotions granted to the employees working on the post of Steno typists in Public Health and Welfare Department of government of Chhattisgarh after the formation of State of Chhattisgarh. In the reply dated 01.08.2017, it was provided that 5 no promotion has been made from the post of Steno typists to the Stenographer Grade-III in the Directorate of Health Services till date after the formation of State of Chhattisgarh. He also stated that in the Medical Education Department and many other departments including the AYUSH Department the promotion rules from the post of Steno typists to Stenographer Grade-III has already been framed by the government of Chhattisgarh. He would submit that one Yogeshwar Paikra who was working in the post Steno typists in the Pandit Jawaharlal Nehru Memorial Medical College, Raipur was promoted to the post of Stenographer Grade-III vide order dated 08.02.2017 as per the rules framed under the Medical Education department, however the petitioners who are similarly placed employees even after multiple representations are still awaiting their promotion. 6. Learned counsel for the petitioner contended that the Hon'ble Health Minister of Government of Chhattisgarh in the order-sheet dated 14.03.2024 after taking the cognizance of the said issue has directed the Additional Chief Secretary of Public Health and Family Welfare to take immediate action to formulate a promotion channel for the promotion of the employees working in the post of Steno typists to the post of Stenographer Grade-III who are working in the Directorate of Health Services, however even after the directions, no action has been taken in the said subject matter. He further contended that despite multiple representations and direction from the Health Minister, no action has been taken till date by the respondent authorities. This inaction deprives the petitioners of their rightful opportunity for promotion. The petitioners aggrieved by the inaction of the respondent authorities has approached 6 this Court by filing writ petition bearing WPS No. 105 of 2025 (Nutan Prakash Pardhan vs State of Chhattisgarh & Ors.) in which this Court on 14.01.2025 was kind enough to dismiss as withdrawn the writ petition with liberty to file a duly constituted petition before the appropriate Court. That in a writ petitioner asking for the similar relief this Court in WPS No. 8626 of 2022 (Dr. Nilesh Jain vs. State of Chhattisgarh) on 01.02.2023 has been disposed off the writ petition directing petitioners to submit fresh representation before respondents No. 1 to 3 raising all the grounds as raised in the petition and if such representation is submitted, respondents No. 1 to 3 shall take appropriate decision on the claim of petitioners expeditiously preferably within a period of six months from the date receipt of representation. 7. Learned counsel for the petitioner relied on the judgment passed by the Hon’ble Supreme Court in the cases of State of U.P. vs U.P. Rajya Vidhit Adhikari Karyalaya Karamchari Sangh, reported in 1994 SCC (L&S) 847, State of Tripura vs K.K. Roy, reported in (2004) 9 SCC 65 & in State of Himachal Pradesh & Ors. vs Surender Kumar Parmar (Special Leave to Appeal (C) No(s). 18286/2018), the Hon'ble Apex Court has already held that State within the meaning of Article 12 of the Constitution should have created promotional avenues for the respondent having regard to its constitutional obligations adumbrated in Articles 14 and 16 of the Constitution of India, and therefore, has directed the State to create the Promotional Avenues for the employees. He would submit that the petitioners again approached to the respected Director, Health Services, Raipur and submitted the representation dated 02.04.2025 to frame the appropriate rules and regulations for the promotion of the Steno 7 typist to the Stenographers in the Health Services department, but to no use. Thereafter, the petitioners again preferred a writ petition bearing WPS No. 2804 of 2025 which was disposed off on 25.04.2025 with the liberty to file properly drafted petition. He also submits that when no action is taken by the respondent department even after getting versed with the other departments framing the rules of promotion of the similar posts and even after citing of similar matters in which orders are passed this Court, the petitioner have no other way, but to approach this Court. Hence, this petition. 8. On the other hand, learned Advocate General opposes the prayer made by the learned counsel for the petitioner and submits that the petitioner has challenged the vires of the rules on the ground that there is no promotional avenues, but the vires of the rules cannot be challenged only on this ground. It is further submitted by the learned Advocate General that the petitioners who are employees of the Health Department they are being extended the benefit of Kramonati pay-scale as per the policy of the State. 9. We have heard learned counsel for the parties and perused the prayers and pleadings made in the writ petition along with the annexures annexed in this case. 10. The petitioners are being extended the benefit of Kramonati pay- scale as per the policy of the State, which is a device only with the object to provide the higher pay-scale to the persons in case promotion is not given to them. The judgment which have been relied by the petitioner those judgments are no help to him because in K.K. Roy (supra) there 8 was no provision of grant of career advancement of pay-scale in the State of Tripura, whereas the same is not the case in the State of Chhattisgarh. Further, the others judgments relied by the learned counsel for the petitioners is distinguishable from the present case. 11. In view of the above, the present petition is dismissed on this ground alone. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Brijmohan