1 2025:CGHC:10005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4259 of 2018  Roshan Kumar Sahu S/o Shri Shekhu Ram Sahu, Aged About 29 Years Presently Working As Training Officer At I. T. I. Kondagaon, District Kondagaon, Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Skill Development, Technical Education And Employment, Department, Mahanadi Bhawan Naya Raipur, Chhattisgarh. 2. Director, Employment And Training, New Raipur, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Somkant Verma, Advocate For State : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28. 02.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 12.06.2018 passed by the respondent no. 2 and direct the respondent to grant all consequential benefit to the petitioner.” 2. Learned counsel for the petitioner would submit that the petitioner was appointed to the post of Training Officer in the Department of Employment SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.03.04 14:00:09 +0530 2 and Training, Chhattisgarh vide order dated 10.01.2013. He would further submit that according to terms and conditions of the appointment order, the petitioner was required to pass A.T.I./ C.T.I./ D.G.I & T., one year course within a period of three years from the date of appointment and thereafter, he would be entitled to get increments. He would further submit that the second part of the terms and conditions says that a candidate who could not pass the above-stated training course within a period of five years, he/she has to undergo three-month Principle of Teaching (POT) course to get the benefit of increments and promotion. 3. Mr. Verma would further submit that respondent No. 2/Director, Employment And Training, cancelled the order of confirmation of the petitioner vide order dated 12.06.2018 on the ground that the petitioner could not clear the Principle of Teaching (POT) examination within five years of service. He would contend that the authority concerned misconstrued the terms and conditions of the order of appointment. 4. On the other hand, Mr. Lav Sharma, Panel Lawyer appearing for the State would submit that the petitioner was required to pass the Principle of Teaching (POT) course within five years from the date of appointment, as he could not clear that examination; the order dated 12.06.2018 (Annexure P/1) was issued. 5. Heard learned counsel appearing for the parties and perused the documents placed on record. 6. The relevant terms & conditions mentioned in appointment order are reproduced herein-below :- " नियम एवं शቔኔ 1. ्ቚशिश्ቌण अधिकारी के पदों पर नियु्ሹ अभ्यቕኌयों को ्ቚचलि"ቔኔ निवभागीय छ्ቈीसगढ़ औ्ቕोनिगक ्ቚशिश्ቌण (अराजपनि,ቔኔ) सेबा मቔኔ. नियम अुसार 3 परिरवी्ቌा अवधि में ए.टी.आई.सी.टी.आई.डी.जी.ई. एण्ड टी. के शिशल्प अुदेक ्ቚशिश्ቌण पा्቏्ቅम योजा के अंቔኔग9ቔኔ एक वቧኍ.य ्ቚशिश्ቌण पा्቏्ቅम नियुनि्ሹ निदांक से ቔኔी वቧኍ9 की का"ावधि के भीቔኔर ्ቚशिश्ቌण परी्ቌा उ्ቈीण9 करा अनिवाय9 होगा। यनिद वे ቔኔी वቧኍ9 की अवधि में उ्ሹ परी्ቌा में सफ" हो जाቔኔे हैं ቔኔो उकी सेवायें छ०म० सिसनिव" सेवा ( सेवा की सामान्य शቔኔD) नियम 1961 के नियम 8(6) के अुसार नियनिमቔኔ की जाकर उकी रूकी हुई सभी वेቔኔवृधिGयां ्ቚा्቎ हो जावेगी। ऐसे व्यवसाय सिजमें एक वቧኍ.य पा्቏्ቅम उप"ब् है, निकन्ቔኔु संबंधिቔኔ व्यवसाय ्ቚशिश्ቌण अधिकारी े पांच वቧኍM की सेवा पूण9 कर "ी है उन्हें ए.टी.आई.सी.टी.आई. डी.जी.ई. एण्ड टी. के संस्ाों से ቔኔी माह का ኌ᭜्ቚसिसप" ऑफ टीिሜचग कोस9 उ्ቈीण9 करा अनिवाय9 होगा, अन्या वे अनिSम पदो्ቐधिቔኔ एवं वेቔኔवृधिG के पा, ही होगें।" 7. The terms and conditions mentioned in the order of appointment dated 10.01.2013 would clearly demonstrate that the candidate appointed to the post of Training Officer was required to pass one year course of A.T.I./ C.T.I./ D.G.I&T. within a period of three years from the date of appointment, and thereafter, he/she would be entitled to get increments. It is further clarified that if the appointed Training Officer fails to pass the examination within a period of five years, he/she has to pass three months Principle of Teaching (POT) course to get the benefit of increments and promotion. A bare reading of the terms and conditions of the appointment order would make it clear that a candidate who had passed one-year A.T.I./ C.T.I./ D.G.I&T. course was not required to undergo three months’ training of Principle of Teaching (POT) course and respondent No. 2 misconstrued the provisions. 8. Having considered the above-discussed facts, the order passed by respondent No. 2 dated 12.06.2018 is hereby quashed. Accordingly, the instant petition is hereby allowed. 4 9. The respondent authorities are directed to consider the claim of the petitioner for regularization and release of increments. Sd/- (Rakesh Mohan Pandey) Judge $iddhant