Jyoti Bhushan Gaud v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.6411 of 2017 • Jyoti Bhushan Gaud S/o Late Shri S. C. Gaud, Aged About 56 Years Secretary, District Social Welfare Committee , Bilaspur R/o Garima Press, Chatapara, Bilaspur Police Station Civil Line, Tahsil & District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Government Of Chhattisgarh, Department Of Social Welfare Mahanadi Bhawan Mantralaya Naya Raipur Police Station Rakhi District Raipur Chhattisgarh.

2. Director, Directorate Of Social Welfare Government Of Chhattisgarh Dau Kalyan Singh Bhawan Mahanadi Khand Distirct Raipur Chhattisgarh.

3. Public Service Commission, Through The Secretary Government Of Chhattisgarh Shankar Nagar Road , Bhagar Singh Square Raipur Disrict Raipur Chhattisgarh.

---- Respondents For Petitioner :

Shri S. K. Dewangan, Advocate For Respondent/State :

Shri Shashank Thakur, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/11/2017 Heard on admission.

1.

The relief sought in the petition for issuance of direction to the respondents to re-consider and re-frame the rule in a particular manner on the representation of the petitioner.

2.

I am afraid, such kind of direction cannot be issued by this Court to the Rule Making Authority to frame rule, classify the post and draw equivalence etc. It is for the Rule Making Authority, which is essentially a legislative exercise and the Court cannot direct as to what legislative exercise should be undertaken. If the petitioner has any grievance with the existing form of rule, remedy lies in challenging the validity of the rules on such grounds as may be available to him under the law.

3.

In the result, the petition is dismissed.

SD/- (Manindra Mohan Shrivastava) Judge Tumane