1 2025:CGHC:5658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 481 of 2025 • Tarun Kumar S/o Sita Ram Aged About 35 Years Posted As Chaukidar, In The Office Of State Food Testing Laboratory (Fda) Kalibadi, Raipur, Distt. Raipur, Civil And Revenue Distt. Raipur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mahanadi Bhavan, Mantralay, Atal Nagar, New Raipur, Distt. Raipur (Chhattisgarh) 2. The Controller Food And Drugs Administration, Indrawati Bhavan, New Raipur, Atal Nagar, Distt. Raipur (Chhattisgarh) ... Respondents For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondents : Mr. Ajeet Singh, Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 30/01/2025 1. By way of this petition, the petitioner has sought the following relief(s):- 10.1. That the Hon'ble Court be pleased to call for the entire records in connection of the petitioner's cases. Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.02.01 15:46:16 +0530 2 10.2. That the Hon'ble court be further pleased to direct the Respondent authorities to consider the petitioner for promotion from the post of Chaukidar to the post of Assistant Grade-III within reasonable period as per Rules. 10.3. That the Hon'ble court be further pleased to quash the order dated 14.01.2022 (Ann.P/8) not considering the claim of the petitioner for promotion on the higher post issued by the respondent No.2. 10.4 That the Hon'ble court be further pleased to direct the Respondent authorities to consider and decide the representation dated 06.11.2024 (Ann.P/13) of the petitioner for promotion on the post Assistant Grade-III within limited period. of 10.5 Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed. 10.6 That the cost of the petition be also awarded to the petitioners. 2. Learned counsel for the petitioner submitted that the petitioner was appointed to the post of Peon/Chowkidar vide order dated 15.05.2015 under respondent No. 2 on probation for a period of two years. Later on, the services of the petitioner were confirmed. He further submitted that according to the Chhattisgarh Food and Drugs Administration (Non-Gazetted) Services Recruitment Rules, 2011 as amended in the year 2019, the petitioner has completed five years of service for promotion to the next higher post. He also submitted that though the petitioner has completed more than 9 years till now, but till date, he has not been promoted and claim of the petitioner has not been considered. 3. On the other hand, learned counsel appearing for the State would oppose. He submitted that in the rules, there is no channel of promotion of the post of Chowkidar to the next higher post. He 3 further submitted that the post of Chowkidar is a post of a dying cadre. He also submitted that the respondent authorities have referred the matter to the State Government to frame promotional channel for the promotion of all Chowkidars and Sweepers to the next higher post, but till date, no decision has been taken. It is further contended that the petition filed by the petitioner is misconceived and is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on the record. 5. Admittedly, the petitioner was appointed to the post of Peon/Chowkidar on 15.05.2015. Though the petitioner has completed more than five years of services, but in the absence of any promotional channel in the rules, as a matter of right, the petitioner cannot claim promotion to the next higher post. The Controller, Food and Drugs Administration, Chhattisgarh has sent a letter to respondent No. 1 to frame rules in this regard on 12.06.2023, but till date, no decision has been taken. 6. Taking into consideration the above factual background, the petition is disposed of with a direction to respondent No. 1 to take a decision on the letter sent by the Controller, Food and Drugs, Chhattisgarh dated 12.06.2023 expeditiously, preferably within a period of 120 days. 7. If the State Government frames any rules for the promotion of Chowkidars and Sweepers to the next higher post, it is expected that the claim of the petitioner shall be considered in accordance with the law. 4 8. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali