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2025 DAILYLAW 34135 (CHH)

MAHESH PRASAD PRAJAPATI v. STATE OF CHHATTISGARH

WPS/5870/2022 · 2025-09-07

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:45729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5870 of 2022  Mahesh Prasad Prajapati S/o Shri Budhu Prajapati Aged About 53 Years Posted As Peon In Government Higher Secondary School Wadrafnagar, Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 2. State Of Chhattisgarh Through Secretary, Tribal And Schedule Caste Development Department, Mantralaya Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 3. Collector (Education Branch) District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 4. District Education Officer District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 5. Kavaldhari Ram Posted As Assistant Grade Iii, High School Jhara, Block Ramchandrapur, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 6. Ashok Paswan Posted As Assistant Grade Iii, High School Ramanunganj, Block Ramchandrapur, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 7. Rajaram Yadav Posted As Assistant Grade Iii, High School Balangi, Block Wadrafnagar, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 8. Shambu Prasad Yadav Posted As Assistant Grade Iii, High School Jorahi, Block Wadrafnagar, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 9. Gopal Ram Vare Posted As Assistant Grade Iii, High School Barwahi, Block Ramchandrapur, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 10. Manoj Kumar Sinha Posted As Assistant Grade Iii, High School Kundikala, Block Rajpur, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 11. Abhijeet Mishra Posted As Assistant Grade Iii, High School Jorahi, Block Wadrafnagar, District Balrampur-Ramanujganj, District : Balrampur, SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.09 14:07:47 +0530 2 Chhattisgarh 12. Karesh Ram Posted As Assistant Grade Iii, High School Barwahi, Block Ramchandrapur, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 13. Lalit Patel Posted As Assistant Grade Iii, High School Bastikala, Block Wadrafnagar, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh 14. Arvind Kumar Singh Posted As Assistant Grade Iii, High School Barwahi, Block Ramchandrapur, District Balrampur-Ramanujganj, District : Balrampur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Vibhor Goverdhan, Advocate holding the brief of Mr. Anup Majumdar, Advocate For State : Mr. Vedant Shadanti, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 08. 09.2025 1. Mr. Vibhor Goverdhan, Advocate would confine his submission pertaining to relief clause 10.2 of the writ petition, which reads as under :- “10.2 That, respondents be directed to consider the name of the petitioner for promotion to the post of Assistant Grade III and thereafter Assistant Grade II considering his seniority from the initial date of appointment with all consequential benefits.” 2. Learned counsel for the petitioner would submit that initially the petitioner was appointed as waterman in the year 1989 under the respondent No. 4. He would further submit that in the year 1992, the petitioner was appointed to the permanent post of peon, but till date his name has not been considered for promotion to the post of Assistant Grade III (A.G. III). He would also submit that juniors to the petitioners have already been promoted to the post of A.G. III, therefore, a direction may be issued to respondent authorities to consider the claim of the petitioner for promotion, strictly in accordance with the law within stipulated time. 3. On the other hand, Mr. Vedant Shadangi, Panel Lawyer appearing for the 3 State would oppose. He would submit that the claim of the petitioner was considered by the department and as he was lacking merit, therefore, he was not found suitable for promotion to the post of A.G. III. He would further submit that time bound pay scale has already been granted to the petitioner. He would contend that the instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Considering the submission made by the respective Advocates, without expressing any opinion on the merits of the case, this petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No. 4 within a period of 30 days, and in turn, the said authority is directed to consider the claim of the petitioner for grant of promotion to the post of A.G. III, strictly in accordance with the law, preferably within a period of 90 days from the date of receipt of copy of this order. 6. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant