1 2025:CGHC:22336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3890 of 2025 1 - Rajendra Prasad Gupta S/o Jagganath Prasad Gupta Aged About 62 Years R/o Village Pendra Amarpur Road, Near Water Tank, Tahsil Pendra, District Gaourela Pendra Marwahi (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education (T Cadre) Chhattisgarh Atal Nagar, Raipur (C.G.) 2 - The Director Public Instructions First Floor, Indrawati Bhawan, Atal Nagar, District Raipur (C.G.) 3 - The Assistant Commissioner Department Of Tribal Welfare Bilaspur (C.G.) 4 - District Education Officer Gaurela Pendra Marwahi, District Gaurela Pendra Marwahi (C.G.) 5 - Babulal Rajwade Head Master Middle School Peeparpara Songara District Surajpur (C.G.) ---- Respondents ____________________________________________________________ For Petitioner : Mr. N.K. Malviya, Advocate For Respondents/State : Mr. R.K. Gupta, Addl. A.G. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 27/05/2025 BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 1. Petitioner has filed this petition seeking following relief (s) :- “a. That, the Hon’ble Court may kindly be pleased to quash impugned order passed on 30.04.2025 i.e. the Annexure P-1. b. That the Hon’ble Court may kindly be pleased to suitably direct the Respondents to give promotion since when junior i.e. the Respondent No.5 is getting promotion on the post of Principal by virtue of the impugned order. c. Any other relief, order/direction may be pleased to issue in the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that petitioner was working as Headmaster (Middle School). He was eligible for promotion on the post of Principal, Higher Secondary School. Name of petitioner was not considered by the respondents while considering the name of other eligible lecturers (LB and Head Master) for their promotion on the post of Principal, Higher Secondary School only on the ground that the date of promotion of petitioner on the post of Headmaster, Middle School is 04.03.2013. Though the order of promotion to the post of Headmaster is dated 04.03.2013 but the petitioner was promoted w.e.f. 12.10.2009, hence, the seniority of the petitioner on the said post had to be counted from 12.10.2009, but as per the information received by the petitioner, he was not considered for promotion on the ground that he was entered into the cadre of Headmaster (Middle School) only on 04.03.2013, which is erroneous.. He also contended that earlier also the same mistake was committed, however, on the representation submitted by petitioner, error was corrected. Aggrieved with the arbitrary action on the part of the respondents authorities, petitioner submitted representation before respondent No.2 on 3 05.11.2024 (Annexure P-14) and 05.05.2025 (Annexure P-15), however, till date respondent No.2 has not taken any decision on the representation submitted by petitioner. The petitioner is going to retire on 31.05.2025, therefore, a direction be issued to respondent No.2 to take decision on the pending representation submitted by petitioner at the earliest within specified time. 3. Learned State counsel submits that as the petitioner is not pressing this petition on merits and is only seeking a direction to respondent No.2 to consider and decide the pending representation, he is having no objection. If the representation submitted by petitioner is still pending consideration, it will be considered and appropriate orders will be passed in accordance with law. 4. Considered the submission of learned counsel for respective parties in particular the submission of learned counsel for petitioner that the representation submitted by petitioner dated 05.11.2024 (Annexure P- 14) and 05.05.2025 (Annexure P-15) is pending consideration before respondent No.2, the writ petition at this stage is disposed of directing respondent No.2 to take decision on the pending representation dated 05.11.2024 and 05.05.2025 Annexure – expeditiously preferably within a period of three weeks from the date of receipt of copy of this order. It is ordered accordingly. 5. It is ordered accordingly. 5. The petitioner will be also at liberty to submit fresh representation raising all the grounds available to him if so desire. If such representation is submitted, respondent No.2 shall consider all the representation and pass appropriate orders in accordance with law. 4 6. With the aforesaid direction and observation, the instant petition stands disposed of. 7. Consequently, all the pending applications also stand disposed of. Sd/- (Parth Prateem Sahu) Judge Balram