1 2025:CGHC:15984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2746 of 2023 1 - Manish Kashyap S/o Shri Patiram Kashyap Aged About 43 Years Working As Assistant Grade -2, Office Of District And Session Judge Korba, District - Korba, Chhattisgarh, R/o Quarter No. N G-3 New Rajsav Colony, Near Tahsil Office Korba, District : Korba, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Law And Legislature, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - The Registrar General High Court Of Chhattisgarh Bilaspur, District : Bilaspur, Chhattisgarh 3 - The District And Sessions Judge Korba District- Korba, Chhattisgarh. 4 - The Additional Registrar (D.E.) High Court Of Chhattisgarh Bilaspur, District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Mr. R. S. Patel, Advocate For State : Mr. Suyashdhar Badgaiyan, Dy. Government Advocate For Respondents No. 2 to 4 : Ms. Akanksha Jain, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 04.04.2025 1. The petitioner has filed the present writ petition for issuance of direction to the respondent authorities to grant him promotion on the post of Deputy Superintendent of Court and also to consider and decide the BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.04.15 14:26:24 +0530 2 representation preferred by him on 08.07.2022 within stipulated time period. 2. The brief facts as reflected from the record are that the petitioner was initially appointed on the post of Assistant Grade-III on 12.04.2005 and was regularized on 08.09.2008. On 16.12.2011 he was given temporary charge of the post of Accountant and vide order dated 07.11.2015 he was promoted to the post of Assistant Grade-II in pay scale of 5200-20200 with Grade Pay of 2800. Thereafter, Promotion Committee vide order dated 06.12.2019 promoted the petitioner on the post of Accountant. It is also case of the petitioner that senior to the petitioner namely Mr. Arvind Kumar Mishra preferred a representation which was allowed by the High Court on 01.07.2022 and he was promoted on the post of Accountant. In pursuance of order dated 20.07.2022 the petitioner has been demoted to original post of Assistant Grade-II and since then he is discharging his service on the said post. Being aggrieved with this order, the petitioner has preferred this writ petition under Article 226 of the Constitution of India before this Court mainly contending that since he has already worked on the post of Accountant, as such his representation dated 08.07.2022 be considered and he may be promoted to the post of Deputy Superintendent of Court from the post of Accountant and would pray for allowing the writ petition. 3. Per contra learned counsel for respondents No. 2 & 3 opposing the submission made by the petitioner and would submit that the petitioner was working as Assistant Grade-II and was promoted as Accountant, therefore, he cannot be considered for promotion. She would further 3 submit that at present there is no cause of action arisen against the respondent and would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the record. 5. From perusal of the record, it is not in dispute that the petitioner was promoted as Assistant Grade-II in the year 2005 and then he was promoted on the post of Accountant vide order dated 06.12.2019 wherein said order was canceled and the petitioner was demoted to the post of Assistant Grade-II. Qualification/Experience of Deputy Clerk of Court and Accountant Schedule-II of The Chhattisgarh District Judiciary Establishment (Recruitment and Conditions of Service) Employees Rules, 2023 reads as under: S.No. Name of posts Source and Method of appointment/recruitment Educational/Technical Desirable Qualification/Experience etc. 4. Deputy Clerk of Court By promotion from the cadre of Accountant Must have put in not less than 04 years service on the post of Accountant 7. Accountant By promotion from the cadre of Assistant Accountant and Assistant Grade-II cadre (1)Must have put in not less than 04 years of service in the feeder cadre of Assistant Accountant and Assistant Grade-II. (2) Must have passed account training examination conducted by any institution recognized by Government of Chhattisgarh. 6. Now the petitioner has already completed 04 years of service which is required length of service to be promoted to the post of Accountant/Deputy Clerk of Court, therefore, if vacancy is available 4 the respondents are directed to consider the case of petitioner and conduct D.P.C. for promoting the petitioner to the post of Accountant/Deputy Clerk of Court. 7. With the aforesaid observation and direction, the instant writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Bhumika