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Judgment
Ajay Kumar Tripathi, CJ
Heard counsel for the parties.
Notification dated 22.01.2010 issued by the Home Police Department, Government of Chhattisgarh is being challenged in the wps 7393 of 2017
present Writ application showing two different pay scales for a Horse Rider (Gurhsawar) and an Attender (Sayees), as well as showing them as
Class-3 and Class-4 category employees respectively has been assailed.
Submission of the counsel for the petitioners is that since the State of Chhattisgarh has adopted such Rules, which have been notified under Article
309 of the Constitution of India from the State of Madhya Pradesh and since in the State of Madhya Pradesh Gurhsawar and Sayees have been
treated as equal, the State of Chhattisgarh ought to have done the same and they cannot have two classifications.
From a bare perusal of the notification contained in Annexure P/1, it is evident that the two posts are different. Post of Gurhsawar is Class-3 and
Sayees is Class-4 post. The Rule so notified also indicate different qualification and mode for recruitment for the two posts and even the nature of
duty is distinct, therefore, merely because the State of Madhya Pradesh somehow equated the two posts, it does not mean that the State of
Chhattisgarh is bound to do the same. It can be nobody's case that the State do not have freedom to bring about corresponding changes and
amendments which goes with the posts and positions.
The challenge on such a ground, therefore, is unsustainable. The Writ application has no merit. It is dismissed.