1 2025:CGHC:37268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2713 of 2020 S.K. Sharma S/o Late Shri R.N. Sharma, Aged About 70 Years R/o. House No. 03, Pallavi Vihaar, Rohni Puram, Raipur, District Raipur Chhattisgarh. Pin Code 492001, ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh. Pin Code 492002 2 - Director, Directorate Of Health Services, Indravati Bhawan, Nava Raipur, Raipur, District Raipur Chhattisgarh. Pin Code- 492002 3 - Joint Director, Account, Pension, Treasury, Department Of Finance, Raipur, District Raipur Chhattisgarh. Pin Code 492001 ... Respondents For Petitioner : Mr. Amrito Das, Advocate For Respondents/State : Mr. Santosh Soni and Mr. Rajeev Bharat, Govt. Advocates (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 30.7.2025 1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):- (a) Call for the entire records pertaining to the present case. b) Issue appropriate Writ quashing / setting aside the impugned Order dated 26.05.2017 (ANNEXURE - P/1) and thereby direct the Respondents to grant the Petitioner the arrears of pay treating the Petitioner to have been posted as Administrative Officer from 13.01.2009 till his superannuation. c) Issue appropriate Writ directing the Respondent Authorities to revise the retiral benefits payable to the Petitioner after 31.01.2010 treating the Petitioner as having retired from BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.08.01 12:16:30 +0530 2 the post of Administrative Officer after proper fixation of pension and other benefits d) Grant the cost of the petition to the petitioner. e) Grant any other relief as deemed fit and proper in the facts and circumstances of the case. 2. Facts of the case, in nutshell are that the petitioner was appointed to the post of ‘Sangnak’ on 29.11.1969 by the District Health and Family Welfare Officer, Durg. Subsequently, he was promoted to the post of Accountant- cum-Stock Clerk on 28.4.1977 by the order of the Divisional Joint Director, Health services, Raipur (CG). Vide order dated 30.5.1985, the petitioner was entrusted the work of Junior Auditor on the pay scale equivalent to the pay scale of the Accountant. He was transferred in the capacity of Junior Auditor in various places. His name was also mentioned in the gradation list of Junior Auditor. Vide Order dated 27.8.2008, the petitioner was promoted to the post of Administrative Officer. But vide order 13.01.2009 (Annexure-P/11), he was reverted back from the post of Administrative Officer to the post of Accountant, which gives rise to filing of various petitions along with instant petition. 3. Learned counsel for the petitioner would submit that the respondent authorities had taken up the work of Junior Auditor for more than 20 years treating the petitioner as Junior Auditor. He was promoted on the post of Administrative Officer, but without providing due opportunity of hearing to him, he was demoted from the post of Administrative Officer to the post of Accountant vide Order dated 13.01.2009 (Annexure-P/11). He further submits that aforesaid order has been quashed/set aside by Coordinate Bench vide Order dated 28.4.2015 passed in WPS No.383/2009, but vide impugned Order dated 26.5.2017 (Annexure-P/1), same order has been ordered to be revived by the respondent authorities. Learned counsel further 3 submits that the petitioner has been retired from the post of Accountant, but due to his reverting back from the post of Administrative Officer to the post of Accountant, he has suffered huge monetary loss. Hence, it is prayed that relief sought for by the petitioner may be granted. 4. The State has filed its reply. Learned counsel for the State referring to its reply would submit that in the order of the Joint Director, Health Department, Raipur Division, Raipur dated 30.5.1985 (Annexure-P/3), it has been mentioned that “ the petitioner Accountant, District Malaria Office, Rajnandgaon, is posted on the post of Junior Auditor in the same pay scale of Accountant as Divisional Joint Director, Health Services, Raipur temporarily till further orders” . Thereafter, the petitioner had taken charge on 17.6.1985. The petitioner’s salary was fixed at Rs. 740/- as the pay scale of Rs.635-15-800-20-900-25-950 w.e.f. 01.01.1982. Learned counsel further submits that though vide Order dated 30.5.1985 (Annexure-P/3), the petitioner was assigned to perform the work of Junior Auditor, but it does not constitute a promotion to a higher pay scale that of an Accountant. As per the Departmental Recruitment Rules, post of Junior Auditor is a promotional post from the Accountant. Even if there is same pay scale, there is no provision to accept change of post in a promoted post, rather it is necessary to complete the procedures laid down by the Departmental Promotion Committee for promotion. Learned counsel further submits that since the petitioner had not fulfilled the requisite criteria for promotion on the post of the Administrative Officer, therefore, he was demoted to the post of Accountant. Hence, it is prayed that this petition is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. During the course of submission, when specific question was posed to 4 counsel for both the parties, as to whether promotion rules governing the post of the promotion of Sangnak to the post of Accountant-cum-Stock Clerk, Junior Auditor/Auditor or Administrative Officer has been filed by them, they submit that no such rules has been filed. Perusal of the document (Annexure-P/3 dated 30.5.1985) filed by the petitioner shows that only on the basis of temporary orders, the petitioner was entrusted the work of Junior Auditor till further order and subsequently he was promoted to the post of Administrative Officer without following the procedure prescribed in the departmental rules, as despite not posted on regular/permanent post of Junior Auditor, the petitioner was promoted on the post of Administrative Officer. Therefore, successive authorities found that the petitioner has been promoted without requisite qualifications, hence, he was demoted from the post of Administrative Officer to the post of Accountant 7. When specific issue with regard to promotion of the petitioner is involved in the petition, then the petitioner ought to have filed all the relevant rules to show his eligibility for promotion on the said post, but neither any rules have been quoted in the writ petition nor any such rules have been filed. Only on the basis of internal communications, instant petition has been filed. 8. In view of the above discussion, I do not find any merit in the instant petition and the same is accordingly dismissed. However, it is observed that since the petitioner has been reverted to the post of Accountant, then he may file representation before the competent authority for redressal of his grievance for his further promotion from the post of Accountant, if rules so provided and the petitioner is found to be sufferer without his mistake. Sd/- (Naresh Kumar Chadnravanshi) Judge Bini