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2025 DAILYLAW 42312 (CHH)

PAWAN SINGH KANWAR v. STATE OF CHHATTISGARH

WPS/10414/2025 · 2025-09-15

Shri Narendra Kumar Vyas

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Judgment text

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1 2025:CGHC:47457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10414 of 2025 • Pawan Singh Kanwar S/o Late Shri Ramu Singh Kanwar, Aged About 61 Years Working As Lecturer And Posted At Govt. High School Jalke, Block Podi- Uproda, District Korba (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Mantralaya New Raipur, District Raipur (C.G.) 2. Director, Directorate Of Chhattisgarh Public Instruction, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3. Commissioner, Schedule Caste And Schedule Tribes Development, Raipur, District Raipur (C.G.) 4. Joint Director Education Division Bilaspur District Bilaspur (C.G.) 5. Collector Korba, District Korba (C.G.) 6. District Education Officer, Korba, District Korba (C.G.) 7. Block Education Officer, Block Podi-Uproda, District Korba (C.G.) 8. Rajesh Bada Working As Upper Division Teacher And Posted At Govt. Middle School Sogda, Jashpur, District Jashpur C.G. And At Present Posted At Govt. Higher Secondary School Somkyari, District Jashpur (C.G.) ... Respondent(s) For Petitioner : Mr. Udho Ram Koshaley, Advocate. For Respondents/State. : Mr. Aditya Tiwari, Panel Lawyer 2 (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 16/09/2025 1. The petitioner has filed the instant writ petition (s) under Article 226 of the Constitution of India challenging the impugned order dated 30-5-2017 (Annexure P/1) passed by the respondent No.2 whereby the private respondent No.8 who is junior to the petitioner has been promoted on the post of Lecturer whereas the petitioner has been promoted on the post of Lecturer vide order dated 29-9-2018 which is illegal and contrary to the rules. 2. Learned counsel for the petitioner would submit that the petitioner was initially appointed on the post of Assistant Teacher by order dated 27-12-1986 and thereafter he was promoted on the post of Upper Division Teacher by order dated 7-10-2008. He would further submit that the private respondent No.8 was initially appointed on the post of Assistant Teacher by order dated 9-1-1991 and thereafter the petitioner was promoted on the post of Upper Division Teacher by order dated 13-10-2008 as per seniority list dated 1-4- 2014 showing the petitioner’s name at Serial No.882 whereas the respondent No.8 is showing at serial No. 1728. Thereafter suddenly respondent No.2 has passed the impugned order dated 30-5-2017 in which the private respondent No.8 has got promotion on the post of Lecturer by ignoring and depriving the name of the petitioner for promotion which is illegal. 3. This petition has been filed after lapse of eight years from the date of promotion of respondent No.8 ie., on 30-5-2017. As such, this petition is hopelessly barred by limitation. Therefore, I am of the view that at this juncture, the petition is not maintainable, the same is liable to be dismissed in 3 view of well settled position of law that the petitioner for claiming promotion should approach the Court expeditiously, preferably within a period of six months whereas the present petition has been filed after lapse of more than eight years. Therefore, I am of the view of that this writ petition deserves to be dismissed and accordingly it is dismissed. Sd/- (Narendra Kumar Vyas) Judge Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.09.17 12:42:48 +0530