1 2025:CGHC:28332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5885 of 2018  Aman Jain S/o S/o Shri Ishwar Chand Jain Aged About 24 Years R/o Shankar Nagar, Navagarh, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. The Director Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. The Joint Director Health Services, Raipur, Zone District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4. Block Medical Officer Community Health Center, Navagarh, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 5. Smt. Nilofar Anjum Posted At First Aid Health Centre, Devkar, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 6. Ramjan Mohammad Posted At District Hospital District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 7. Anesh Kesharwani Posted At Zonal Office, Health Department, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner : Ms. Deeksha Jaiswal, Adv. on behalf of Mr. Goutam Khetrapal, Adv. For State : Mr. Pramod Shrivastava, Dy. G.A. 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 27-06-2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to set- aside/ quash the impugned order dated 10.08,2018 so far it relates to private respondents, and further be pleased to dlirect the respondent authorities to promote the petitioner to the post of Assistant Grade II, in accordance with the law. 10.2 That. any other relief/order which may deem Sit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2) Learned counsel for the petitioner submits that initially petitioner was appointed on the post of Assistant Grade-III under the respondents No. 1 to 3/ department on 06.08.2012. She further submits that petitioner was having the qualification of Diploma in Computer Application prior to the date of appointment but that qualification was not reflected in the seniority list published in the year 2018. She contends that owing to aforesaid discrepancy, petitioner was not promoted to the next higher post i.e. Assistant Grade-II and juniors to him have been promoted. She further contends that petitioner is having requisite qualification for promotion to the post of Assistant Grade-II, therefore, a direction may be issued to respondent authorities to consider petitioner’s claim for promotion. 3) On the other hand, learned State counsel opposes. 3 4) Heard. 5) In the gradation list of year 2018 which came into effect from 01.04.2018, qualification of petitioner has been shown as 12th pass, whereas he had passed Diploma in Computer Application (DCA) in month of March, 2012 but that qualification was not entered in the service record of petitioner. Further, juniors to petitioner were promoted to the next higher post and name of petitioner was not considered in absence of requisite qualification of Computer Education. 6) Taking into consideration the fact that petitioner was having requisite educational qualification of Diploma in Computer Application on the date of appointment and he was eligible for promotion to the next higher post, this petition is hereby being disposed reserving liberty in favor of petitioner to make a representation before Director, Health And Family Welfare Department, State of C.G. i.e. respondent No. 2 within period of 30 days along with copy of this order and the authority concerned is directed to decide the same strictly in accordance with law within period of 90 days from the date of receipt of copy of this order. 7) With the aforesaid observation(s) and direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya