1 2025:CGHC:5360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7906 of 2024 1. Yugal Kishor Chandrakar S/o Shri Sant Prakash Chandrakar Aged About 37 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2. Devi Shankar Dansena S/o Shri Prahlad Dansena Aged About 32 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3. Sunil Kumar Yadav S/o Shri Ramlal Yadav Aged About 40 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 4. Smt. Supriya Paikra W/o Shri Ashok Kumar Paikra Aged About 36 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 5. Smt. Geeta Sen W/o Shri Pramod Sen Aged About 55 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.02.04 18:43:54 +0530 2 6. Kumari Indu Sahu D/o Shri Dhannu Ram Sahu Aged About 31 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 7. Smt. Yogita Sahu D/o Shri Nilkanth Sahu Aged About 34 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 8. Smt. Manju Lakda D/o Shri Agastus Lakda Aged About 31 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 9. Kumari Neelima Umeshwar D/o Shri Jai Prakash Aged About 33 Years Working As Assistant Grade-3 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 10. Deependra Netam S/o Shri Khushi Ram Netam Aged About 31 Years Working As Assistant Grade-3 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 11. Dhansingh Bhaina S/o Shri Mani Ram Aged About 39 Years Working As Assistant Grade-3 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 12. Pankaj Barua S/o Shri Albert Barua Aged About 29 Years Working As Assistant Grade-3 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 13. Devbrat Netam S/o Shri Rajendra Aged About 36 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 14. Vikash Singh S/o Shri Balram Aged About 29 Years Working As Assistant Grade-3 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 15. Saurabh Shrivastav S/o Shri Kunji Lal Shrivastav Aged About 35 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 16. Abhinav Rathi S/o Shri D.K. Rathi Aged About 32 Years Working As Assistant Grade-2 In The Office Of Directorate, Women And Child Development Department, Indrawati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2. The Secretary General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3. The Director Directorate, Women And Child Development Department Chhattisgarh, Indravati Bhawan, Block- 1, Second Floor, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. ... Respondents For Petitioners : Mr. R.S. Patel, Advocate For Respondents : Mr. Ajeet Mishra, Government Advocate 4 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. By way of instant petition petitioners prays for following relief(s):- 10.1. This Hon'ble Court may kindly be pleased issue an appropriate writ and direct the respondents to amend the Rule-14- Schedule-IV-Serial No.4 of Chhattisgarh Women and Child Development Department Class-III (Ministerial) (Non-Gazetted) Service Recruitment Rules, 2008, to the extent that post of "Data Entry Operator" should be promoted to the post of "Assistant Programmer" instead of Assistant Grade-1, in the interest of justice. 10.2 That this Hon'ble Court may kindly be pleased issue an appropriate writ and direct the respondents to consider the representation of the petitioners, in the interest of justice. 10.3 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case. 2. Brief facts of the case are that petitioners are requesting to amend the Rule-14-Schedule-IV-Serial No.4 of Chhattisgarh Women and Child Development Department Class-III (Ministerial) (Non-Gazetted) Service Recruitment Rules, 2008, wherein it is mentioned Name of posts/service from which promotion is to be made :- Assistant Grade-2/Accountant/Data Entry Operator, Name of posts/service To which promotion is to be made :- Assistant Grade-1, which is impermissible in the eye of law, because the Data Entry Operator post is a technical post, therefore, it comes under the purview of promotion of technical channel and the post of Assistant Grade-1 comes under the purview of Clerical (Non-Gazetted) channel. It is pertinent to mention here that other recruitment rules of the State Government namely "Chhattisgarh Subordinate Agriculture Class-III (Clerical Class) Executive Service 5 Recruitment Rules 2010", wherein it is clearly and correctly mentioned the channel of promotion separately i.e. Technical Channel and Clerical Channel vide Rule-13 Schedule-IV SI.No.7 Data Entry Operator is to be promoted to the post of Assistant Programmer. As well as "Chhattisgarh Financial Management & information System Service (Recruitment and Conditions of Service) Rules 2012" wherein it is clearly and correctly mentioned as "Data Entry Operator" next promotional post is "Assistant Programmer", vide Rule-14 Schedule-IV SI.No.1, Data Entry Operator is to be promoted to the post of Assistant Programmer. it is further respectfully submission that recently the State Government has issued Notification Amendment on 3rd September 2020 and Amend the Rule known as "Chhattisgarh Class-III (Clerical and non-clerical) Transport Service Recruitment Rules, 2013 as under:- AMENDMENT 1. For Serial no. 1A and entries relating thereto of schedule-II, *** Spabadulo III *** and petitioners have made a representation to the respondent authority to consider and amend the aforementioned rule to the extent that promotion of Data Entry Operator should be promoted to the post of Assistant Programmer instead of promotion to the post of Assistant Grade-1, which is still pending for its consideration and no heed has been paid till now. The act of the respondents are a violation of Article 14 and 16 of the Constitution of India. Hence, the instant petition is being filed. 3. Though the petitioners have filed the instant petition and have prayed several reliefs, however, at present the petitioners are seeking permission of this Court to withdraw this petition with liberty to file an appropriate representation before the respondent authority. According to learned counsel for the petitioners the competent authorities are going to consider them for the reliefs which has been sought by the petitioners vide para No. 10.2. 4. Learned counsel for the State has no objection. 5. Prayer seems to be fair and reasonable. 6 6. Looking to the aforesaid fact of this case, the respondent authorities are directed to consider and decide the representation filed by the petitioners in accordance with law and it is made clear that this Court has not expressed any thing on merits. 7. With this observation(s)/direction(s) the instant petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali