Court Finds Lack of Promotional Avenues Arbitrary and Discriminatory, Orders Policy Reform within Six Months
In a significant judgment, the Chhattisgarh High Court has directed the State government to amend the existing recruitment rules for Ophthalmic Assistants within six months to ensure promotional avenues for the cadre, which has been facing stagnation due to the lack of career progression opportunities.
The division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal delivered the judgment on July 14, 2026, in response to a writ petition filed by Vidyasagar Ratre and others, who have been serving as Ophthalmic Assistants for over a decade without any promotional prospects under the existing Chhattisgarh Health and Family Welfare Department Non-Clerical Paramedical and Nursing (Directorate Health Service) Class-III Recruitment Rules, 2013.
The Court found that the absence of promotional avenues for Ophthalmic Assistants was arbitrary and violative of Articles 14 and 16 of the Indian Constitution, which guarantee equality before the law and equal opportunity in matters of public employment. The judgment criticized the prolonged inaction of the State government, which had acknowledged the issue in 2021 and formed a committee to examine it but had failed to take corrective action.
In its order, the Court emphasized the constitutional obligation of the State to provide reasonable promotional avenues to prevent employee stagnation, thereby ensuring efficient public administration. The ruling highlighted that other states like Odisha, Jharkhand, Bihar, Punjab, Haryana, and Rajasthan have implemented service rules providing promotional channels for similar cadres, demonstrating the feasibility and necessity of such measures.
The Court refrained from prescribing specific promotional posts but directed the State to frame suitable rules or policies to create a reasonable promotional hierarchy for Ophthalmic Assistants. This directive aims to enhance employee morale and efficiency, ultimately benefiting the quality of healthcare services provided to the public.
The petitioners' counsel, Mr. Ajay Shrivastava, argued that the lack of promotional channels was not only discriminatory but also detrimental to the service expectations of the employees. He cited previous court rulings and examples from other states to support the feasibility of implementing a promotional hierarchy.
The Deputy Advocate General for the State, Mr. Prasun Bhaduri, contended that service conditions, including promotions, are policy matters within the State's domain and cannot be demanded as a right. However, the Court maintained that judicial intervention is warranted when policy decisions result in manifest arbitrariness and denial of equality.
This ruling marks a crucial step towards ensuring fair employment practices and sets a precedent for other states to follow. The decision underscores the judiciary's role in upholding constitutional rights and addressing grievances related to public service employment.
Bottom line:-
Recruitment Rules failing to provide promotional avenues for Ophthalmic Assistants held arbitrary and violative of Articles 14 and 16 of the Constitution of India. Court directed the State to frame suitable rules or policy within six months to ensure career progression for the affected cadre.
Statutory provision(s): Articles 14, 16 of the Constitution of India
Vidyasagar Ratre v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2941052
