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1 WPS No. 2891 of 2019
CGHC010122602019
2026:CGHC:31497
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2891 of 2019
1. Kewal Prasad Vishwakarma S/o Shri Vahal Ram Vishvakarma, Aged About 52 Years, Occupation - Bhritya Government Madhayamik School Mukundpur, R/o Gram - Mukundpur Abikapur, District Sarguja Chhattisgarh.
2. Munnalal Rajwade S/o Shri Nanram, Aged About 45 Years, Occupation, Bhritya Government Higher Secondary School, Sukhari R/o Gram - Sukhri Thana - Gandhinagar Ambikapur District Sarguja Chhattisgarh.
... Petitioners versus
1. State Of Chhattisgarh, Secretary, Aadim Jati And Anusuchit Jati Vikas Vibhag, Mantralaya Naya Raipur, Chhattisgarh.
2. Secretary, School Education Department, Mantralaya Naya Raipur, District Raipur Chhattisgarh.
3. Aayukt, Aadim Jati And Anusuchit Jati Vikas Raipur, District Raipur Chhattisgarh.
4. Sahayak Aayukt, Aadivasi Vikas Ambikapur District Sarguja Chhattisgarh.
5. Collector, Aadivasi Vikas Sarguja District Sarguja Chhattisgarh.
6. Mukhya Karyapalan Aadhikari, District Panchayat Sarguja District Sarguja Chhattisgarh. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH
2 WPS No. 2891 of 2019
7. District Education Officer, Ambikapur District Sarguja Chhattisgarh.
... Respondents For Petitioners :- Mr. Abdul Moin Khan, Advocate. For State :- Mr. Amit Buxy, Dy. Government Advocate.
SB- Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board 23.07.2026
1. At the very outset, learned State counsel would submit that petitioner No.2, Munna Lal Rajwade, has already been promoted to the post of Assistant Grade III vide order dated 29.08.2022 and, as such, the grievance of petitioner No.2 has already been redressed. So far as petitioner No.1, Kewal Prasad Vishwakarma, is concerned, he has already been granted post facto permission for his examinations as self study candidate and he has been instructed to appear in the examination only after receiving due permission of the Department and his case will be considered for promotion strictly in accordance with law as per the prevailing service rules and as per the availability of the vacant post in future.
2. State has filed the reply. At this stage it would be appropriate to notice para No.11 of reply filed by the State:-
“11. It is humbly submitted that, in the meantime, the present Petitioner No. 2/Munna Lal Rajwade has already been granted promotion to the post of Assistant Grade III and has been posted at Government Higher
3 WPS No. 2891 of 2019 Secondary Girls School, Batauli, District Surguja vide
order dated 29.08.2022. Copy of the promotion order dated 29.08.2022 of the present Respondent No. 2, is being annexed herewith as Annexure R/2 for kind perusal of this Hon'ble Court. However, so far as the case of the present petitioner No. 1 Kewal Prasad Vishwakarma is concerned, in this regard, it is humbly submitted that, vide order dated 12.01.2023 by which, the said petitioner has already been granted post facto permission for his examinations as a self study candidate and further has been warned that, in future, he should appear in the examination only after receiving the due permission letter of the Department, otherwise, disciplinary action would be taken against him as per the rules for which, he himself will be fully responsible for the same, therefore, his candidature for promotion to the post of Assistant Grade III would be considered strictly in accordance with law as per the prevailing service rules and as per the availability of the vacant post in future. Therefore, at this stage, the instant writ petition filed by the present petitioners has already become infructuous and is liable to be dismissed as having become infructuous.
3. In view of the above submission made by learned counsel for the State and the reply filed, the instant writ petition stands
disposed off. Sd/-
(Sanjay K. Agrawal)
Judge Ankit