LAWS(MPH)-2022-9-107

DILIP BEHARE Vs. STATE OF M.P.

Decided On September 08, 2022
Dilip Behare Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Petitioners are working as Class III employees with the Madhya Pradesh Labour Welfare Board. It is their case that respondent No. 2 published the Madhya Pradesh Shram Kalyan Nidhi (Sanshodhan) (Mandal Karmchariyon Ki Bharti) Viniyam, 2021. The same pertains to recruitment of Class II and Class III employees through competitive exams and interview etc. They are specifically aggrieved by sub-rule 2 (ka) of Rule 4, which reads as follows:-

(2.) The same would indicate that the promotion to Class II from Class III for the post of Assistant Welfare Commissioner will be done by providing 75% promotion to in-service candidates and 25% through direct recruitment. It is a case of the petitioners that by promulgation of the said Rules, the chances of the petitioners are vastly affected. That the earlier Rule of 1984 provided for 100% promotion from in-service candidates. The same has been reduced to 75%. Therefore, the instant petition was filed seeking for a writ of certiorari to declare the impugned gazette notification as ultra vires and consequential reliefs.

(3.) We have heard the learned counsel for the petitioners. The sum and substance of the ground urged by the learned counsel is that by virtue of impugned notification the chances of the petitioners are affected.