1 2025:CGHC:7599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5241 of 2023 1 - Rajju Ram Dhruw (By Caste Gond Scheduled Tribe) S/o Khamhan Singh Dhruw, A/a 58 Years, Holding Post Of Principal In Govt. Higher Secondary School- Belpat, Vikas Khand- Gaurela, District Gaurela Pendra Marwahi (Chhattisgarh) ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Scheduled Tribe And Scheduled Caste Development, Mahanadi Bhawan, Naya Raipur (Chhattisgarh) 2 - The Director Scheduled Tribe And Scheduled Caste Development Department Raipur, District Raipur (Chhattisgarh) 3 - The Commissioner Department Of Scheduled Tribe And Scheduled Caste Development, Raipur (Chhattisgarh) 4 - Assistant Commissioner Scheduled Tribal Development, District Gaurela Pendra Marwahi (Chhattisgarh) 5 - Joint Director, Treasury, Bilaspur Division, District Bilaspur (Chhattisgarh) 6 - District Treasury Officer, District Gaurela Pendra Marwahi (Chhattisgarh) 7 - Divisional Commissioner, Division Bilaspur (Chhattisgarh) 8 - The Collector, District Gaurela Pendra Marwahi (Chhattisgarh) 9 - District Education Officer, District Gaurela Pendra Marwahi (Chhattisgarh) ... Respondents (Cause Title is taken from CIS System) For Petitioner : Mr. Manish Kumar Saluja, Advocate. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For State : Mr. Ajit Singh, Govt. Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/02/2025 1. By way of this petition, the petitioner has prayed for the following relief(s):- “Issue an appropriate writ/order/direction, to the Respondents to grant the arrears of salary, consequential seniority, time pay scale and arrears of time pay scale, further promotion if any, from 08.11.2007 along with other consequential benefits, treating the petitioner having been promoted in the post of principal since 08.11.2007, in the interest of justice.” 2. Learned counsel for the petitioner submits that only on the basis of non-availability of ACR, the petitioner has not been promoted to the post of Principal at par with the similarly placed persons from the year 2007 when the petitioner came within the zone of consideration for the post of Principal. Later on, the petitioner was promoted as Principal in the year 2014. The claim of the petitioner is that since the year 2007 when the petitioner was entitled for promotion, the promotion was not given to him only for the reason that the ACR was not available with the authorities concerned. 3. Learned State counsel submits that they will consider the case of the petitioner as in the later stage, the ACR was received and 3 accordingly, the petitioner was promoted in the year 2014 as Principal. 4. Considering the fact of the case and the law laid down by the Hon’ble Supreme Court in the matter of Gopi Chand Vishnoi vs. State of Uttar Pradesh and Another reported in (2006) 9 SCC 694 wherein it has been specifically stated that the employer or the State is the custodian of the ACR and only for the reason that the ACR is not available, one cannot be denied promotion ; considering the aforesaid facts and circumstances of the case, the concerned respondent authority is directed to consider and decide the case for promotion of the petitioner on its own merits as early as possible. 5. With this observation, the writ petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha