1 2025:CGHC:17729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4555 of 2015 1 - Prahlad Singh Pendro S/o Late Kamal Singh Pendro, Aged About 37 Years R/o Housing Board Colony, Bandhamuda, Gourella, Pendra Road, District Bilaspur Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secreary Of Tribal Welfare Department, Mahandi Bhawan, Mantralaya, Post And P.S. Mandir Hasaud, Raipur Chhattisgarh, Chhattisgarh 2 - Collector, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Assistant Commissioner, Tribal Welfare Department Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Ruchi Nagar, Advocate For Respondent(s) : Mr. Abhishek Singh, P. L. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 17/04/2025 1. This writ petition has been filed by the petitioner seeking for the following relief:- i. To kindly call for the records of the case from the respondents. ii. To kindly direct the respondents to initiate the process of promotion in compliance of Rules 13, 14, 15 and 16 of the Chhattisgarh Scheduled Tribe and Scheduled Caste Development Department Sub-ordinate (Class III Ministerial) Service Recruitment Rules, 2013. iii. To kindly direct the respondents to convene the meeting of the departmental promotion committee as mandated in the Chhattisgarh Scheduled Tribe and 2 Scheduled Caste Development Department Sub-ordinate (class III Ministerial) Service Recruitment Rules, 2013 for consideration of the cases of the petitioner for promotion to the post of Assistant Grade-III. iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner. 2. Facts of the case in nutshell is that the petitioner is a class IV employee working for the past several years (15-20 years) with the Department of Scheduled Tribes and Scheduled Caste Development (for short the Tribal department). The State Government has issued the Chhattisgarh Scheduled Tribe and Scheduled Caste Development Department Sub-Ordinate (Class III Ministerial) Service Recruitment Rules, 2013 (for short the Rules 2013) which provides for 25% posts of Assistant Grade III (junior most post) to be filled from amongst that Class IV employee who has passed Class 12th (10+2) certificate examination from a recognized board. The petitioner possesses the requisite eligibility. The aforesaid Rules, 2013 vide Rule 15 also mandate that a select list is to be prepared every year of eligible candidates to be considered for promotion. The aforesaid Rule has been deliberately flouted in the respondent department and the petitioner is being denied his fundamental right of being considered for promotion due to non preparation of select list. The Rules, 2013 also provide for convening meeting of annual Departmental Promotion Committee but no such meeting has been convened in the department since last several years Thus, the petitioner is being denied his valuable rights to be considered for promotion only due to discriminatory action of the respondents who is delaying the promotion of the petitioner due to the petitioner being peons. The action of the respondents is clear violation of fundamental rights of the petitioner under Articles 14 and 16 of the Constitution of India. 3. Learned counsel for the petitioner submits that the petitioner is presently working as a Watchman (Class IV) at Government Kanya Ashram, Dhanouli. He is working on the regular establishment and till date, he has not been promoted on the post of Assistant Grade-III. Seeking the same relief, this writ petition has been filed. 3 4. Return has been filed by respondents in which it has been stated that the petitioner is not working in a Regular establishment rather he is working as a contingency paid employee, therefore, the petitioner is not entitled for promotion. 5. Heard learned counsel for the parties and perused the record. 6. Annexure P-3 is the Gradation list of IV class Regular employees finds the name of the petitioner on Serial No. 15 and it has also been stated that he is a regular employee. A document has been filed by the respondents/ State with an application for taking document on record. A communication dated 14.11.2024 made by the office of Collector (Tribal Development District Gourela, Pendra-Marwahi, Chhattisgarh to Assistant Commissioner Tribal Development District Bilaspur which indicates that petitioner is working as a regular peon with the respondents as since there is no post vacant for promotion on the post of Assistant Grade-III, he was being paid regular first time pay scale. This communication further reflects that as the post of Assistant Grade-III is not vacant, therefore, the benefit of promotion is not granted to the petitioner. It also indicates that in future if any post is available, the proceeding for promotion of the petitioner would be carried out in accordance with law, therefore, this Court is inclined to dispose of this writ petition with an observation that in future if any post of Assistant Grade-III occurs, then the case of petitioner would be considered by the respondents for promotion on the post of Assistant Grade-III in accordance with law. 7. The petition thus disposed of. 8. This Court has not expressed any opinion on merits of the case. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.04.22 10:46:46 +0530