-1- 2025:CGHC:34684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 177 of 2021 Jeetu Ram Dhruv S/o Late Shri Shyam Lal Dhruv Aged About 48 Years Posted As Skilled Assistant At Uday Prasad Uday Government Polytechnic Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner versus 1- State of Chhattisgarh Through Secretary, Technical Education Department, Mantralaya, Mahanadi Bhawan, Raipur , Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2- Director Cum Commissioner Directorate, Technical Education, Indrawati Bhawan, Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh. 3- Principal Uday Prasad Uday Government Polytechnic Durg, District Durg Chhattisgarh. ... Respondent(s) For Petitioner : None For Respondent(s)/State : Mr. Sanjeev Agrawal, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.07.2025 1) None for the petitioner in two rounds. 2) 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 authorities to sanction post of Instructor in a set-up for Uday Prasad Uday Government Polytechnic Durg, District Durg (C.G.), which is the promotional post of the petitioner as per Rule-2005 and to consider him for promotion to the post of Instructor since his entitlement i.e. 2001. 10.2 That, this Hon'ble Court further be pleased to direct the respondent authorities to consider the pay scale as Rs.4,500-7000/- for the post of instructor, while promoting the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent to take decision over the representation of the petitioner dated 13-02-2015. 10.4 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate, in the circumstances of the case, in the ends of justice.” 3) Brief facts of the present case, are that, initially, the petitioner was appointed as a Skilled Labour on 23.12.1996 under respondent No.3—Uday Prasad Uday Government Polytechnic, Durg and has been serving continuously on the same post for the last 24 years without a single promotion. Prior to the year 2005, the promotional post for Skilled Assistant was Workshop Director with a pay scale of 4500–7000, as evident from promotional orders of similarly placed employees. ₹ After enforcement of the Chhattisgarh Technical Education Class-III (Non- Ministerial) Service Recruitment Rules, 2005, the promotional post for Skilled Assistant was redefined as “Instructor” with a revised pay scale. The petitioner claims that he fulfills all eligibility conditions under the 2005 Rules but has never been considered for promotion. Despite multiple communications, including a memo dated 16.11.2006 and further directions issued on 22.01.2015 by respondent No.2 to initiate promotional proceedings, no steps were taken. respondent No.3, in its reply dated 09.02.2015, admitted that there was no -3- sanctioned post of Instructor in the set-up, and hence promotion could not be given. Repeated representations made by the petitioner, including one dated 13.02.2015, failed to yield any result. 4) It is pleaded that due to the failure of the respondent to create the sanctioned post of Instructor in the set-up, his right to be considered for promotion has been unjustly denied for over two decades. It is also pleaded that since the original promotional post of Workshop Director carried a higher pay scale of ₹4500–7000, the same should be considered applicable to the post of Instructor as well. 5) It is also pleaded that order dated 04.12.2020 was issued for the constitution of a Departmental Promotion Committee for the Polytechnic Institute, but the petitioner is again excluded from consideration due to the continued absence of a sanctioned Instructor post in the institute’s set-up. 6) Learned counsel for the State submits that the petitioner's claim has not been considered only because of the factual position that there is no sanctioned post of Instructor in the set-up of Uday Prasad Uday Government Polytechnic, Durg. 7) Heard. 8) In the present case, the consistent stand of the respondent is that there is no sanctioned post of Instructor in the said institute. The establishment structure does not include the said post, and untill such post is created by the competent authority, no promotion can be granted. 9) Taking into consideration the above discussed facts, no case is made out in favour of the petitioner. Accordingly, the writ petition is hereby dismissed. 10) No order as to costs. Sd/- (Rakesh Mohan Pandey) Judge Nadim