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Judgment
Name of Department,"Name of Service/Post
from which promotion
is to be made","Name of post/service
to which promotion is
to be made","Minimum period to
qualify for promotion","Name of Member of
Department Promotion
Committee (See rule 14)
(1),(2),(3),(4),(5)
,"A â€" Head of
Department Office",,,
Scheduled Castes and
Scheduled Tribes
Development
Departmen","1. Assistant
Superintendent/ Audito",Office Superintendent,5 years,"1. Additional Director,
Tribal
DevelopmentChairman.
Deputy Commissioner,
(Establishment-02/03)
Tribal
DevelopmentMember
Deputy Commissioner,
(Education) Tribal
DevelopmentMember
Joint Director Tribal
Research and Training
InstitutionMember
,"2. Assistant Grade-I/
Junior Accounts offic","Assistant
Superintendent",5 years,"1. Additional Director,
Tribal
DevelopmentChairman.
Deputy Commissioner,
(Establishment-02/03)
Tribal
DevelopmentMember
Deputy Commissioner,
(Education) Tribal
DevelopmentMember
Joint Director Tribal
Research and Training
InstitutionMember
,"3. Accountant
(Accounts Trained)","Junior Accounts
Office",5 years,"1. Additional Director,
Tribal
DevelopmentChairman.
Deputy Commissioner,
(Establishment 02/03)
Tribal
DevelopmentMember
Deputy Commissioner,
(Education) Tribal
DevelopmentMember
Article 14 and 16 of the Constitution of India.,,,,
In the above circumstances, the entry made in Schedule IV especially serial No. 2 of column No. 2 and column No. 3 appended with the",,,,
Chhattisgarh Scheduled Tribe and Scheduled Caste Development Department, sub-ordinate (Class-III Ministerial) Service Rules, 2013 are struck",,,,
down to be ultra vires the Constitution of India. The avenues of promotion both for the persons posted in the field as well as in the Head of,,,,
Department Office have to be same and identical.,,,,
Since the relevant entry to Schedule IV has been struck down by this High Court as unconstitutional, it goes without saying that any exercise",,,,
which may have been carried out or is being done by convening the DPC for such promotion would be uncalled for and unwarranted and such,,,,
exercise will be a nullity.,,,,
The writ application stands allowed.,,,,