1 / 3 2025:CGHC:15191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2139 of 2025 1 - Dameshwar Sahu S/o Shri Sop Singh Sahu Aged About 54 Years Chowkidar, Govt. Girls Polytechnic College, Jagdalpur Post And Thana - Dharampura, District Baster At Jagdalpur Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mahanadi Bhawan, New Raipur, Post - Rakhi, Than - Abhanpur, Raipur Chhattisgarh 2 – Director, Directorate, Technical Education, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur Chhattisgarh 3 - Principal Govt. Woman Polytechnic College, Jagdalpur, District - Baster At Jagdalpur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Somkant Verma, Advocate For Respondents/ State : Mr. Rishabh Bisen, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 01/04/2025 2 / 3 1. By the present writ petition, the petitioner, who is working on the post of Chowkidar in the Office of respondent No.3, is seeking a direction towards the respondent No.3 to comply with the circular dated 13/07/2015 issued by the State Government by which it has been directed to all the Departments of the State Government by the General Administrative Department to convene meeting for promotion to the vacant post of Assistant Grade-III as on first January of the each year. 2. Learned counsel appearing for the petitioner submits that the petitioner is seeking a direction towards the respondent authorities to convene the meeting of DPC for considering the candidature of the petitioner for promotion to the vacant post of Assistant Grade-III. He further submits that the petitioner has completed 24 years of his service in the present place of posting. By placing reliance upon the judgment passed by the Hon’ble Supreme Court in the matter of Union of India & Ors. vs. N. R. Banerjee & Ors.1, he would submit that the consideration of name of suitable candidates for promotion according to their turn is a guarantee flowing from Articles 14 & 16 (1) of the Constitution of India and the relevant circular of the State Government from time to time. 3. Learned counsel appearing for the State would submit that the petitioner never raised his claim by submitting a representation before the competent authority for consideration of his name for promotion to the post of Assistant Grade-III. He further submits 1 (1997) 9 SCC 287 3 / 3 that if the petitioner will submit a representation before the respondent No.3, the same shall be considered in accordance with law and the relevant circular applicable to the case of the petitioner. 4. I have heard learned counsel for the parties and perused the documents. 5. In view of the submission made by learned counsel for the parties, looking to the grievance of the petitioner and in light of the judgment passed by the Hon’ble Supreme Court in the matter of Union of India & Ors. vs. N. R. Banerjee & Ors., it is directed that the petitioner shall approach the respondent No.3 by filing a representation within a period of 20 days from the date of receipt of a copy of this order. In case of filing of such representation, the respondent No.3 is directed to consider the representation of the petitioner and take necessary steps to convene the meeting of DPC in accordance with law and the relevant circular dated 13/07/2015 issued by the State Government, as early as possible, preferably within a period of 45 days from the date of filing of such representation. 6. With the aforesaid direction, the Writ Petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar