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Judgment
Amitendra Kishore Prasad, J
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.
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 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.
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.
Learned counsel for the State has no objection.
Prayer seems to be fair and reasonable.
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.
With this observation(s)/direction(s) the instant petition is disposed of.