1 2025:CGHC:8534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1301 of 2025 1 - Akash Kumar Sharma S/o Shri Sushil Kumar Sharma Aged About 48 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.). 2 - Smt. Sheela Ghosh D/o Late Shri K.C. Paul Aged About 54 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.). 3 - Smt. Tripti Cecil Bagh D/o Late Shri John Cecil Aged About 48 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.). 4 - Dhansay Dhritlahare S/o Late Shri Tijauram Dhritlahare Aged About 48 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.). Digitally signed by RAGHVENDRA JAT 2 5 - Pankaj Rai S/o Late Shri R.D. Rai Aged About 48 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.). 6 - Prashant Kumar Gupta S/o P.C. Gupta Aged About 53 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.). 7 - Irina Herenz D/o Shri Roland Herenz Aged About 42 Years Presently Working As A Computer Operator In The Office Of The Advocate General, Chhattisgarh, New High Court Campus, Bodari, Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Principal Secretary, Department Of Law And Legislative Affairs, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar District - Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through Secretary General Administrative Department, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh. 3 - Officer Of The Advocate General State Of Chhattisgarh Through Under Secretary, New High Court Campus, Bodri, District- Bilaspur, Chhattisgarh ... Respondent(s) 3 For Petitioner(s) : Mr. Gagan Tiwari, Advocate. For Respondent(s)/State : Mr. Ajit Singh, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/02/2025 1. By way of this petition, the petitioners have prayed for following reliefs:- “10.1) That, this Hon'ble Court kindly be please to issue an appropriate writ/directions/orders calling entire records of the case: 10.2) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to treat the post of Computer Operator equivalent to the post of Assistant Grade- Il and Account and further granting promotion avenue to the post of Assistant Grade- I by necessary amendments in the Rules of 1983; 10.3) That, this Hon'ble Court may kindly be pleased to direct the respondent no.1 and 3 to decide the representation of the petitioner dated 17.01.2025 within time bound period as prescribed by the Hon'ble Court; 10.4) Any other relief with this Hon'ble Court may deem fit. 10.5) Cost of the filing of the petition may given to the 4 petitioner.” 2. Brief facts of the case, is that, the petitioners were appointed as Computer Operator in the year 2006 in the office of the Advocate General, State of Chhattisgarh, after lapse of 18 years also the petitioners are compelled to work on the said post for the reason as per prevailing service rule i.e. Rules of 1983 there is no further promotional avenue for the post of Computer Operator, therefore, the petitioners will have to retire as Computer Operator. On the other hand employees working in the Office of Advocate General which is having lower pay scale or equal pay scale and nature of work is same (Computer Operators, Assistant Grade II, Assistant Grade III and Accountant are discharging same work) are given benefit of further promotional avenue to the post of Assistant Grade I and Assistant Grade Il which goes upto Deputy Secretary in the Department of Law and Legislature. The petitioners are marched over by employees who were appointed in less basic pay scale than petitioners and require less qualification for appointment resulting in compelling the petitioners to work under juniors. Being aggrieved by the above mentioned facts the petitioners submitted detailed representation time to time before the respondent authorities, in pursuant to representation of the petitioner, the Office of Advocate General, State of Chhattisgarh vide letter dated 03.04.2024 directed the respondent No.1 to do 5 necessary amendment in the Rules of 1983 so that, post of Computer Operator be treated equivalent to Assistant Grade II and Accountant and further Computer Operators be promoted to the post of Assistant Grade I. The respondent No. 1 is Administrative Head of the petitioners vide its letter dated 06.05.2024 directed the respondent No. 3 to prepare the draft and send it for further action. In light of the above mentioned facts it is apparent that, it is admitted position that the petitioners are entitled to be treated equal to Assistant Grade II and Accountant and further entitled for promotion to the post of Assistant Grade I. The petitioners submitted its representation for compliance in light of the letter dated 03.04.2024 and 06.05.2025 on 17.01.2025 but till date no further action is being taken. 3. Learned counsel for the petitioner submits that basic pay scale of the Computer Operator, Assistant Grade Il and Accountant are same and nature of work which is discharged by all is also same. The respondent authorities have created promotional avenue for the post Assistant Grade- II and Accountant to Assistant Grade I whereas no promotional avenue has been created till date for Computer Operator which is arbitrary and discriminatory amounting to violation of Article 14 and 16 of the Constitution of India. The basic pay scale of the Computer Operator, Accountant and Assistant Grade- Il are same. There is recommendation sent 6 by the respondent No. 3 vide its letter dated 19.05.2014, 05.05.2015, 09.06.2016 and 03.04.2024 to the respondent No.1 for grant of promotional avenue to the petitioners to the post of Assistant Grade-I and, thereafter, but for the reasons best known to the respondent authorities no promotional avenue is created for the petitioners. As per Schedule IV of the Rules, 1983, the feeder cadre for the post of Accountant is Assistant Grade III who have passed accounts training examination. The petitioner No. 01 and 05 has already undergone account straining after which they were treated equivalent to Accountant and work of Accountant were assigned to them. The said fact further fortify the submission of the petitioners that the petitioners were treated equivalent to Accountants and Assistant Grade Il but when it comes to promotional avenue the petitioners right to promotion is denied in the arbitrary and discriminatory manner and till date necessary amendments are not made in the service rules of the petitioners for creating promotion channel to Assistant Grade-I. The feeder cadre of the Assistant Grade-Il is Assistant Grade III. Further, feeder cadre of Assistant Grade-III is Peon. The basic pay scale of peon is 2550/- - 2640/- as per Rules, 1983 as amended time to time. The promotional avenue of the Peon goes up to Deputy Secretary resulting in a situation. The petitioners are marched over by the employees have less basic pay scale 7 and require less qualification for appointment and compelling the petitioners to work under them. In other departments have amended the departmental recruitment rules from time to time for the benefit of their employees and to increase their efficiency. It is further stated in the letter dated 03.04.2024 that, the minimum qualification and pay scale of both the posts of Computer Operator and Data Entry Operator working in the department is the same. The Pay Anomaly Committee constituted by the Government viz. Brahmaswaroop and D.N. Tiwari Committee had also considered both the posts to be same and suggested to revise the pay scale. Following this, some departments have kept both the as equivalent and promotional avenue has been created for the post of Data Entry Operator. The respondent No. 1 is the administrative department of the petitioners which regulate the condition of service of the petitioner including notifying the Service and Recruitment Rules. It is also admitted position that, the post of Computer Operators in the office of Advocate General is equivalent to Assistant Grade II and Accountant. The respondent No. 1 vide its letter dated 06.05.2024 directed the respondent No. 3 to draft the Rules and then forward the same which would ultimately delay process of creating promotion avenue for the Computer Operators. The respondent No. 1 could very well do the same but it is nothing but passing on the work 8 which is ones own domain to others. Learned counsel for the petitioners are seeking a direction to the respondent authorities to decide the representation within some stipulated period. 4. On the other hand, learned counsel appearing for the State opposes the submission. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and considering the fact that the petitioners are directed to file a representation raising all their grievances before the authorities concerned in light of letter dated 03.04.2024 and 06.05.2024 in accordance with law and the authorities concerned are directed to decide representation within 30 days from the date of receipt of representation. 7. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat