1 2025:CGHC:37889-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 765 of 2025 1 - Janak Ram Sahu S/o Vishram Singh Sahu, Aged About 60 Years Presently Posted As Lecturer At Govt. Higher Secondary School, Soram, District Dhamtari (Chhattisgarh) 2 - Krishna Kumar Kanwar, S/o Ganga Ram Kanwar, Aged About 56 Years Presently Posted As Lecturer At Government Higher Secondary School Hasda No. 01, Block- Magarlod, District Dhamtari (Chhattisgarh) 3 - Manrakhan Lal Tandan, S/o Sukalu Ram Tandan, Aged About 60 Years Presently Posted As Lecturer At Government Higher Secondary School, Dhanapuri, Block- Gurur, District Balod (Chhattisgarh) 4 - Tilochan Kumar Sahu, S/o Khedu Ram Sahu, Aged About 61 Years Presently Posted As Lecturer At P M Shri English Medium Government School Of Excellence, Gurur, Block Gurur, District Balod (Chhattisgarh) 5 - Nand Kumar Mandavi, S/o Puranik Ram Mandavi, Aged About 56 Years Presently Posted As Lecturer At Govt. High School, Block- Bhanpuri, District Balod (Chhattisgarh) ... Applicants versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralay Mahanadi Bhawan, Nava Raipur, District Raipur (Chhattisgarh) 2 - The Director, Directorate Of Public Instruction, Indrawati Bhawan, Iiird Floor, Naya Raipur District Raipur (Chhattisgarh) ... Respondent(s) (Cause-title is taken from Case Information System) For Applicants : Mr. Sachin Nidhi, Advocate For State : Mr. Ashish Shukla, Addl. Advocate Geneal Digitally signed by SHAYNA KADRI 2 (Division Bench) Hon’ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Amitendra Kishore Prasad Per; Amitendra Kishore Prasad, Judge 01/08/2025 1. The matter is listed for orders on default. 2. The default pointed out by the office is over ruled and the matter is heard finally. 3. The Applicants have filed the instant application seeking modification in the impugned order dated 01.07.2025 passed by this Court in W.P.S. No. 4447/2025. 4. Learned counsel for the applicants submit that the impugned order, requires limited modification only with regard to a time- bound direction for its compliance by the respondent authorities. It is submitted that although this Court has passed the impugned order on 01.07.2025, the directions therein are yet to be implemented by the respondents despite similar directions having been passed earlier in connected matters. 5. The relevant operative paragraph for modification reads as under: “Accordingly, W.P.S. No. 4447 of 2025 is allowed in part. The respondent- State is directed to amend the Explanation under Rule 15(1) of the 3 Chhattisgarh Civil Services (Promotion) Rules, 2019, in accordance with the directions issued by this Court in its order dated 09.03.2023 passed in W.P.S. No. 3286 of 2021 (Satyadev Verma and Others v. State of Chhattisgarh and Another), as well as in the connected matters bearing W.P.S. Nos. 3432/2021, 3437/2021, 4603/2021, and 3441/2021.” 6. It is further contended by learned counsel for the applicants that a similar order has been passed much earlier in W.P.S. No. 1407 of 2012 on 30.04.2014, and thereafter again in W.P.S. No. 502 of 2022 dated 09.03.2023, directing the respondents to amend the relevant Rules accordingly. Yet, to this day, the respondents have failed to comply with these binding directions. Learned counsel for applicants pray for a specific and strict time-bound direction to the respondent authorities to comply with the impugned order dated 01.07.2025 as well as the earlier orders dated 09.03.2023 and 30.04.2014 within 30 days. This limited modification will not alter the substantive relief already granted but is imperative for the effective and timely implementation of the directions, which have otherwise been pending for over a decade. Without such a direction, the impugned order risks remaining unimplemented, causing unnecessary hardship and injustice to the applicants and similarly situated persons. In the interest of justice and to avoid 4 further delay and inconvenience to the applicants, the present application for modification may kindly be allowed. 7. We have heard learned counsel for the applicants. 8. From perusal of the original order dated 09.03.2023 passed in W.P.S. No. 3286/2021, it appears that no specific direction was issued therein regarding the amendment of the Explanation under Rule 15(1) of the Chhattisgarh Civil Services (Promotion) Rules, 2019. Therefore, the order dated 01.07.2025, which relies upon the said direction, also does not prescribe any time frame for such amendment. The present application seeking imposition of a time-bound direction appears, in substance, to be in the nature of an appeal or a fresh proceeding, which should have been filed before the appropriate forum. No such application seeking review of the order dated 09.03.2023, or for its implementation, has been filed by the applicants. Furthermore, in a matter where the validity of the Promotion Rules, 1999 has been questioned, the prayer for modification as sought herein cannot be granted in the manner prayed for. 9. However, having regard to the contents of the orders passed on 30.04.2014, 09.03.2023, and 01.07.2025, and noting that the part of the order dated 01.07.2025 directing the amendment of the Explanation remains unchallenged, this Court is of the view that 5 the respondent authorities are expected to consider the spirit and substance of those orders and take necessary action to amend the Explanation in accordance with law. 10. With the above observations, the present modification application is disposed of. Sd/- Sd/- (Rajni Dubey) (Amitendra Kishore Prasad) Judge Judge Shayna