2025:CGHC:41360 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10674 of 2019 1 - Shyam Singh Thakur S/o Shri Pushkar Singh, Aged About 59 Years R/o Somni, Police Station Somni, District - Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Public Health Engineering Department Mahanadi Bhawan, Naya Raipur Chhattisgarh. 2 - Superintending Engineer, Public Health Engineering Department, Durg Division Durg Chhattisgarh. 3 - Executive Engineer, Public Health Engineering Department, Rajnandgaon Division, District - Rajnandgaon Chhattisgarh. ... Respondents For Petitioner : Mr. Manish Thakur, Advocate. For State : Mr. Ritesh Giri, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18/08 /2025 1. This petition has been filed by the petitioner for issuance of direction to the respondent authorities to declare that the petitioner is entitled to be appointed on the post of mechanic or equivalent post as per the Recruitment Rule, 2012. 2. Learned counsel for the petitioner would submit that the petitioner was regularized on the post of Hand Pump Mechanic on 14.08.2008 and after completion of 10 years, he was granted time bound pay scale whereas he should have been promoted from helper to mechanic after five years at par with employees working in mechanic wing who are being promoted from helper to fitter but the petitioner has been discriminated. 3. In pursuance of direction issued by this Court, Mr. Samir Sharma, ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.09.22 17:36:52 +0530 Executive Engineer, Public Health Engineering, Rajnandgaon is present before this Court along with Mr. Ritesh Giri, Panel Lawyer and would submit that since there was no setup in the department, time bound pay scale has been granted to the petitioner after completion of 10 years of service in the year 2018, therefore, grievance of the petitioner has already been redressed. 4. Per contra, learned counsel for the petitioner would submit that there is no fault of the petitioner as promotional avenues are not available for him. He would further submit that as per direction of Hon’ble the Supreme Court, a Government employee should have been granted atleast two promotions during entire service period but the same has not been granted to the petitioner and only time bound pay scale has been granted to the petitioner and would pray for issuance of direction to the respondent authorities. 5. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction. 6. It is not in dispute that as per Schedule-IV of the Chhattisgarh Public Health Engineering Department (Non-Gazetted) (Recruitment & Condition of Service) Rule, 2016, Helper/Cleaner shall be promoted on the post of Fitter/Turner who is working in the mechanic wing of the department and there is no post for promotion in the civil wing which is discrimination in the department but this Court cannot issue any direction to the respondent authorities to create any post for civil wing as the same is not within domain of this Court but lies with the Executives who are rule making authorities. 7. However, the respondent authorities are directed to look into the matter for considering the petitioner’s case on the post of mechanic or equivalent post as per the Recruitment Rules, 2012 in accordance with law. 8. In view of the aforesaid observation and direction, the instant writ petition stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Arun