1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3568 of 2022 1. Vivek Kumar Mahipal S/o Shri Banas Lal Mahipal, aged about 29 years Occupation - Service (Assistant Grade II, District Education Office, Gourella- Pendra-Marwahi), District Gourella Pendra Marwahi R/o Village Dhruvakari, Post Office and Police Station Pachpedi Tehsil Masturi, District Bilaspur Chhattisgarh. 2. Mohammad Shariq S/o Shri Mohammad Ziyaduddin, aged about 37 years, Occupation - Service (Assistant Grade II, Joint Director, Education Division Bilaspur, District Bilaspur ) R/o Juni Line Bilaspur, Tehsil and District Bilaspur Chhattisgarh. ... Petitioners versus 1. State of Chhattisgarh Through Secretary, Department of School Education Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Joint Director Education Division, Bilaspur, District Bilaspur Chhattisgarh. 3. District Education Officer Gourella-Pendra-Marwahi, District Gourella-Pendra Marwahi Chhatitsgarh. 4. Collector Gourella Pendra Marwahi , District Gourella-Pendra-Marwahi Chhatitsgarh. 5. Collector Bilaspur District Bilaspur Chhattisgarh. ... Respondents For Petitioners : Shri Rishi Sahu, Advocate For Respondents : Shri Anway Tiwari, PL (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board passed on 13.03.2026 2 Challenge in this petition is to the communication dated 25.03.2022 (Annexure P-1) issued by the Joint Director Education Division, Bilaspur, District Bilaspur Chhattisgarh (respondent No. 2) to District Education Officer, District Gourella-Pendra-Marwahi, CG intimating certain shortcomings in the promotion to the post of Assistant Grade II from that of Assistant Grade-III. 2. Learned counsel for the petitioners submits that vide order dated 09.12.2021 (Annexure P-2) the petitioners who were working as Assistant Grade – III with posting at different places were promoted to the post of Assistant Grade-II from that of Assistant Grade-III. He submits that after inquiry certain shortcomings were noticed in the said promotion and for that a recommendation for cancellation of promotion of the petitioner was made vide Annexure P-1. He further submits that the relevant service rules and the procedure prescribed have not been adhered to. He submits that before making such recommendation, no opportunity of hearing was granted to the petitioners and being that the promotion of the petitioner cannot be subjected to cancellation in the light of Annexure P-1, and being so impugned communication is liable to be set aside. 3. On the other hand, counsel for the respondents/State opposes the submissions made by the counsel for the petitioners and submits that the document of Annexure P-1 is the internal communication on the basis of an inquiry regarding promotion of the petitioners from the post of Assistant Grade-III to that of Assistant Grade-II. He submits that in compliance of document of Annexure P-1 the promotion order of petitioner No.1 was cancelled which is subject matter of challenge in WPS No. 6109/2023. It does not appear from the record that promotion order of petitioner No.2 was cancelled on the basis above communication, and therefore, this petition is premature and liable to be dismissed. 4. Heard counsel for the parties and perused the documents on record. 5. Document of Annexure P-1 is an internal communication amongst the State’s instrumentalities and it is on the basis of inquiry conducted it has been communicated that certain shortcomings were found in the promotion list. Various 3 reasons have been assigned for coming to this conclusion. Petitioner No. 1’s promotion order was already cancelled which was the subject matter of challenge in WPS No. 6109/2023. So far as petitioner No.2 is concerned, there is nothing on record to show that his promotion order was cancelled or that he has filed any other petition challenging the same. The impugned internal communication with respect to petitioner No.1 has already been acted upon which is the subject matter of WPS No. 6109/2023, this Court does not find it necessary to proceed ahead with this petition. It is accordingly dismissed. Sd/- (Sachin Singh Rajput) Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2026.03.16 14:21:54 +0530