-1- 2025:CGHC:35193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 66 of 2021 Moti Lal Prajapati, S/o. Pila Ram Prajapati Aged About 32 Years R/o Ward No.-07, Belarbahara, Pin-493778, District : Dhamtari, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Water Resource Department Mahanadi Bhawan, Mantralaya, Raipur, District : Raipur, Chhattisgarh. 2 - Bhoj Lal Dhrov S/o. Ram Lal Aged About 32 Years Village And P.O.- Mechka, Tehsil- Nagri, District : Dhamtari, Chhattisgarh. 3- Executive Engineer Water Management Division, Rudri, District : Dhamtari, Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Kunal Das, Advocate For State : Mr. Pramod Srivastava, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.07.2025 1) The petitioner has filed this petition seeking the following relief(s):- Digitally signed by NADIM MOHLE -2- “10.1] That, this Hon'ble Court may kindly be pleased to direct the respondent authority to give the promotion to the petitioner with effect from 20/07/2018 and other benefits. 2] That, this Hon'ble Court may kindly be pleased to call the entire records of the petitioner. 3] That, this Hon'ble Court may kindly be pleased to quashed/ cancel the promotion order date 20/07/2018, (ANNEXURE P/3.) given to the respondent No.2. 4] That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2) Mr. Kunal Das, learned counsel for the petitioner would submit that the petitioner was appointed to the post of Choukidar vide order dated 29.02.2012 (Annexure P/1). He would further submit that on 10.08.2017, a communication was made by the SDO, Water Resources, Mecha, Dhamtari, to the Executive Engineer, Water Management Division, Rudri, Dhamtari, regarding promotion of eligible candidates. It is contended that the name of the petitioner appeared at Serial No. 4 in the said list, which was duly forwarded to the Executive Engineer. However, the candidates at Serial Nos. 1, 2, and 3 had either retired or were deceased. Despite this, the private respondent, whose name appeared below the petitioner and who is admittedly less qualified, was promoted vide order dated 20.07.2018. Mr. Das would pray that a direction may be issued to the respondent authorities to consider and decide the representation, if any, made by the petitioner, or to consider any fresh representation made in this regard. 3) On the other hand, the learned State counsel opposes the submission made by Mr. Das and submit that the petitioner was appointed against a vacant and sanctioned post of Chowkidar vide order dated 29.02.2012, and later on, similarly situated persons were promoted to the post of Class-III employee vide -3- order dated 20.07.2018. However, the name of the petitioner was not considered. He would submit that the representation, if any, pending before the respondent authorities, same would be decided strictly in accordance with law. 4) On due consideration, the submission made by Mr. Kunal Das is allowed. The petitioner is permitted to make a fresh representation before the respondent authorities, and in turn, the respondent authorities are directed to consider the claim of the petitioner strictly in accordance with law, preferably within a period of 150 days from the date of receipt of a copy of this order. 5) With the aforesaid observation(s) and direction(s), the present writ petition stands disposed of at the admission stage. 6) It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) Judge NADIM