Court dismisses plea challenging the absence of promotional opportunities for drivers under the 2022 Recruitment Rules, stating no violation of constitutional rights.
In a significant ruling, the Chhattisgarh High Court has dismissed a petition challenging the Chhattisgarh Jail Non-Gazetted (Class-III Ministerial and Non-Ministerial) Services Recruitment Rules, 2022, regarding the absence of promotional avenues for drivers. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, held that the framing of service rules and the creation of promotional channels are policy matters within the exclusive domain of the State and are not subject to judicial review unless proven to be patently arbitrary or unconstitutional.
The petitioner, Sunil Kumar Jangade, a driver in the Jail Department, contended that the lack of promotional opportunities for drivers was arbitrary and discriminatory, violating Articles 14 and 21 of the Constitution of India. He argued that while other non-ministerial staff like teachers were provided promotional avenues, drivers were excluded without any rational basis.
However, the court noted that there is no fundamental right to promotion under the Constitution. It emphasized that the Constitution does not mandate that every cadre must have a promotional avenue, and the right recognized in law is only a right to be considered for promotion where such avenues exist under the applicable service rules.
The court further observed that the absence of promotional avenues does not infringe the right to life or personal liberty under Article 21, as service conditions are governed by statutory rules. The court also highlighted that the State Government had introduced a Time Pay Scale policy to address financial stagnation among employees in cadres with limited promotional opportunities, which the petitioner had already benefited from.
The bench dismissed the petition, stating that the petitioner failed to demonstrate that the classification in the Rules of 2022 was arbitrary or discriminatory. The court reiterated that it cannot compel the State to amend statutory rules or create promotional posts merely because another policy might appear more beneficial.
The ruling underscores the judiciary's restraint in interfering with policy decisions of the government, especially in matters involving administrative and financial considerations.
Bottom line:-
Service Law - Promotional avenue for drivers under Chhattisgarh Jail Non-Gazetted (Class-III Ministerial and Non-Ministerial) Services Recruitment Rules, 2022 - No fundamental right to promotion - Denial of promotional opportunities does not constitute violation of Articles 14 and 21 of the Constitution. Courts cannot compel the State to amend statutory rules or create promotional posts.
Statutory provision(s):
Articles 14, 21, 226 of the Constitution of India; Chhattisgarh Jail Non-Gazetted (Class-III Ministerial and Non-Ministerial) Services Recruitment Rules, 2022.
Sunil Kumar Jangade v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2946303
