HiGH COURT OF CHHATTiSQARH AT BILASPUR DB: Hon'ble Shri Dhirendra Mishra^ Hon'ble Shri R.N. Chandrakar. JJ. Writ Petition (St No.6822 /2008 Petitioners 4. 5. 6. Vs Shiv Kumar Patel S/o Udhoram Patel, aged about 36 years, Occupat'ion : Shiksha Karmi Grade-11, At Govt. H^her Secondary School, Semariya, Btock Bamhnklih, District Janjgir Champa (C.G.) Laxman Prasad Yadav S/o Shri Tutei ram Yadav, aged about 35 years. Occupation : Shiksha Karmi Grade-11, At Govt. Higher Secondary School, Choriya, Btock Bamhnidih, District Janjgir Champa (C.G.) Varun Kumar Shukla S/o Shri Ganesh ^Prasad Shukla, aged about 35 years, Occupatfon : Shiksha Karmi Grade-11, At Govt. Higher Secondary School, Shiud, Block Navagarh, Distrtet Jangir Champa (C,G.) Vimal Kumar Shrivas S/o. Shri Shiv Charan ia( Shrivas, aged about 42 years. Occupatfon: Shiksha Karmi Grade-11, At Govl. Higher Secondary School, Afrrcl, Btock Bamhnklih. District Janjgir Champa (C.G.) Smt. Nilu Sharma W/o. Shri Satish Kunriar Sharma, aged about 39 years, Occupatton : Shiksha Karmi Grade-tl, At Govt. Girls Higher Secondary School, Seoni (Naila), Btock Navagarh, Distrfct Janjgir Champa (C.G.) Shw Kumar Singh Kanwar S/o. Bhagwat Prasad Kanwar. aged about 45 years, Occupatton : Shiksha Karmi Grade-11. At Govt Higher Second^iry School, Pahariya, Block Etaioda, District Janj'gir Champa (C.G.) i'^mw -A- Respondents 1. 2. 3. 4. State of Chhatttegarh Through Its Secretary Panchayat and Rural Devatopment Department D.K.S Bhawan, Raipur (C.G.) TheAddittonal Secrdtary State of Chhattisgarh School Education Department, D.K.S. Bhawan, Raipur(C.G.) The Director Panchayat and Social Servfces, C.G State Raipur The Chief Executive Offfcer, OfEfee of Jila Panchayat. Jangir District Janjgir-Cham|3a (C.G.) Writ PetiUon (Sl No.440/2009 Petitioners 1. Smt. Renuka Patle W/o D.P. Patte Aged about 40 years, Occupation : Shiksha Karmi Grade-li, Presently posted at Govt. Higher Secondary School, Seoni, Tahsil & District Janjgir- Champa (C.G.) 2. Smt. Aruna Vyas Miri W/o Laxman Prasad Miri. Aged about: 38 years, Occupatton : Shiksha Karmi Grade-11. Presently posted at Govt. Higher Secondary School, Hardi(Jarve) Tahsjl & District Janfflir-Chamapa (C.G.) Respondents Vs 1. The State of Chhattisgarh Through The Secretary Panchayat and Rural Devetopment Department D.K.S. Bhawan, Raipur (C.G.) 2. TheAddittonal Secretary Stat®of Chhattisgarh School Education Department, D.K.S. Bhawan, Raipur(C.G.) 3. The Director Panchayat and Social Services, C.G. State Raipur (C.G.) 4. The Chief Executive Officer, OfRce of Jita Pancha^it, Jangir Distrfct JanJgir-Champa (C.G.) T ^NPI ^r^..^.^;-r^<a>~- t. ^'^'•:^ H-ftM -3' AND Writ Petition (S) No.1128/2008 Petrtioners 1. Baburam Durve S/o Late Ram Durve aged about 38 years Shiksha Karmi' Grade-lf Govt. Higher Secondary Schooi Saonsari District Janjgir-Champa (C.G.) 2. Smt. Sunita Sihani W/o Jagdish Prasad Sihani aged about 36 years Shiksha Karmi Grade II Govt. Higher Secondary School Sonsari District Janjgir-Champa (C.G.) Respondents Vs. 1. State of Chhattisgarh Through Secretary Panchayat and Rural Deveiopment Department D.K.S. Bhawan, Raipur (C G.) 2. The Additional Secretary State of Chhattisgarh School Education Department, D.K.3. Bhawan, Raipur (C.G.) 3. The Director Panchayat and Social Services, C.G. State Raipur 4. The Chief Executive Officer, OfRce of Jila Panchayat, Jangir District Janjgir-Champa (C.G.) (Wrrt Petjtionjjnder Article 2^ of the Constrtutton of india) Present: Shri Rajesh Kr. Sharma and Shri Ashwini Shukla, counsel for the petitioners. Shri Surnesh Bckjaj, Govt. Advocate for the Stete. Shri Alok Bakshi, counsel for respondent No.4. ORAL ORDER (06.09.2010) fhe above wnt petitions are being disposed of by this common order as in all these petitions, petitioners have chadenged the notification dated 30th November, 2007 Tssued by respondent No.1 in exercise of power underSection 70 sub-Section (1), Section 53 sub-Section (1) Part-B read with Section 95 sub-Section (1) of the Chhattisgarh Panchayat Raj ^u^ Adhiniyam 1993. whereby Chhattisgarh Panchayat Shiksha Karmi Recruitment and Service Conditions Rules, 2007 have been framed and in Schedule 4 framed under Ruje 8, for the purpose of promotion from Shiksha Karmi Grade II to Shiksha Karmi Grade i, eligibility criteria of post graduation in related subject, B.EdJD.Ed. and seven years teaching experiance has been prescrtbed. 2. Learned counsel forthe petitioners submit that the petitioners were appointed as Shiksha Karmi Grade-11 when Chhattisgarh Panchayat Shtksha Karmi Recruitment and Condjtion Service Rules, 1997 was in force. Eligibitity criterta for promotion from Shiksha Karmi GradQ-ti to Grade-1 under Schedule 4 framed under Rule 5 (1)(b) and Rule 8 of Rule 1997 was only post graduate degree in related subject and 7 years expenence. He further argued that the petitioners should bepermitted to undertake B.Ed./D.Ed. course as departmentai candidates in view of the eligibiiity criteria for promotion to the post of Shiksha Karmi Grade 1 under the ruie 2007, so that they may also get an opportunity to imfprove their quaiification to be eljgible for promotion to the post of Shiksha Karmi Grade I. 3. Shri Sumesh Bajaj, learned Govt. Advocate argued that the petitioners have no right to claim that rules governing conditions of their service should be forever the same as the one when they entered service Additional quaiification for promotion to the post of Shiksha Karmi Grade 1 under the ruies 2007 cannot be deciared as ultra-virus on this ground. 4. We have heard iearned counsel for the parties. 5. It is settled iaw that there is no right of any employee of the State to claim that rules aoverning conditjons of his service shouid be forever the y:. .-iS --T- %^-- same as the one when he entered semce for all the purposes and except for ensuring or safeguarding rights and benefite already eamed, acquired or accrued at a particular point of time, government servant has no rightto chatlenge the authority of the State to amend, atter and bring into force new rules relating to even an existing service. Therefore. in our considered opinion, the impugned ruie cannot be said to be uitra-virus to the Constitution. Piease refer to the judgments of Supreme Court in P.U. Joshi v. Accountant General reoorted in 1 (20031 2 SCC 632 and T.N. ElectricitvJBoard V- T.N- Electricitv Board Thozhilar Avkkiva Sanaam reported in (2008) 3 SCC 3S9. We deem it proper that the petitioners should be permitted to file application for permission to appear in B.Ed./D.Ed. course as departmental candidates to the respondents. If such applications are fited, the concerned authorrty shatl allow them to pursue B.Ed./D.Ed. course as departmental candidates, provided they futfill the necessary conditions for the above course as per the prescribed rules and regulations. With the aforesaid observation, the petitions aredisposed of. Dhiresws^ Sd(- ^.Chandra^r ^•""judge Birit