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2025 DAILYLAW 17808 (CHH)

SHYAM RATAN LASKAR v. STATE OF CHHATTISGARH

WPS/2829/2023 · 2025-08-03

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:38538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2829 of 2023 Shyam Ratan Laskar S/o Hagru Ram Laskar Aged About 57 Years Posted As Peon (Grade- Iv) At Govt. Middle School, Kalmitar, Block Kota, District Bilaspur (Chhattisgarh) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh) 2 - Collector Bilaspur District Bilaspur (Chhattisgarh) 3 - Deputy Director Education Department Bilaspur, District Bilaspur (Chhattisgarh) 4 - District Education Officer Bilaspur, Distrcit Bilaspur (Chhattisgarh) 5 - Block Education Officer Kota, District Bilaspur (Chhattisgarh) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr.Shyamta Prasad Sannat, Advocate For Respondents/State : Mr. Ashutosh Shukla, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 04.08.2025 1. Heard Mr. Shyamta Prasad Sannat, learned counsel for the petitioner. Also heard Mr. Ashutosh Shukla, learned Panel Lawyer for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.06 18:35:18 +0530 2 2. The petitioner has filed this writ petition with the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the representation of the petitioner and promote him as Grade-III. 10.2 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Brief facts of the case, are that the petitioner was initially appointed as a Peon (Grade-IV) under the respondent Department on 25.01.1993. He passed the High School Certificate Examination (10+2) from Chhattisgarh State Open School, Raipur, in the year 2013. The petitioner is currently posted at Government Middle School, Kalmitar, Block Kota, District Bilaspur (C.G.), and has been continuously serving as a Grade-IV employee for the last 30 years without any promotion. On 02.02.2023, the petitioner submitted a representation to respondent authorities (respondents No.4 & 5) seeking promotion from Grade-IV to Grade-III on the basis of completing 30 years of service. 4. Learned counsel for the petitioner submits that the petitioner has been working as a Peon since 25.01.1993, having been directly appointed to the said post at Middle School Lakhanpur, Block Mungeli. He has completed 29 years of service and has also 3 passed the Higher Secondary School Examination in the year, 2013. As such, he is eligible for promotion to the post of Assistant Grade-III. However, since 2013, he has not been considered for promotion to the said post by the respondent authorities. Therefore, the petitioner is seeking a direction to the respondent authorities to consider his case for promotion to the post of Assistant Grade-III, as he is eligible in all respects. 5. On the other hand, learned State counsel submits that the case of the petitioner will be considered in accordance with law. Since the petitioner has already filed a representation along with supporting documents, and from the perusal of the documents annexed with the petition, it appears that the petitioner has passed the Higher Secondary Certificate Examination in the year 2013 and he can accordingly be considered for promotion to the post of Assistant Grade-III. 6. I have heard learned counsel appearing for the parties and perused the documents available with the writ petition. 7. Considering the aforesaid aspects of the matter and taking into account the long period of service rendered by the petitioner, as well as the fact that he has acquired the requisite educational qualification by passing the Higher Secondary Certificate Examination, the respondent authorities are directed to consider the petitioner’s case for promotion to the post of Assistant Grade- III strictly in accordance with law, rules, and applicable policies. 4 8. If, upon such consideration, the petitioner is found eligible and fit for promotion, necessary action for his promotion shall be initiated and appropriate order will be passed preferably within a period of 45 days from the date of receipt of certified copy of this order. 9. With the aforesaid observation/direction, the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Yogesh