1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9314 of 2022 1 - Mahendra Kumar Patel S/o Shri Janki Prasad Patel Aged About 48 Years Occupation Service, Presently Posted As Peon, Chhattisgarh State Agriculture Marketing Board, Head Office Raipur, District Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Agriculture, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh. 2 - Chhattisgarh State Agriculture Marketing Board Through Its Managing Director, Beej Bhawan, G.E. Road, Telibandha, Raipur, District Raipur, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Sourabh Sahu, Advocate For State :- Mr. Khulesh Sahu, P.L. For Respondent No.2 :- Mr. Amrito Das, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 28.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 “10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 15/11/2022 passed by respondent No.2. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to grant promotion to the petitioner from the post of peon to Assistant Grade-III from the date employees junior to the petitioner were promoted. 10.3 Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.4 Cost of the petition. ” 2. Learned counsel for the petitioner submits that the petitioner ought to be promoted to the post of AG-III from the post of peon, but vide promotion order dated 11.10.2022, employees who were junior to the petitioner were promoted and the petitioner was not promoted on the ground that the one of the ACR of the petitioner was not found to be worthy. Being aggrieved by this, the petitioner made a representation to the respondent authorities to consider his claim, however, vide order dated 15.11.2022, the respondents rejected the said representation holding that the petitioner failed in the skill test. He submits that the fact that the skill test was not held in the year 2022 was not considered while passing the order dated 15.11.2022, therefore, the said order is bad in law and liable to be quashed. It is also submitted that he may be given liberty to file a representation raising all his grievances before the concerned respondent authority for improvement of his ACR. 3 3. Learned counsel for the respondents have no objection to the submission made by counsel for the petitioner. 4. Considering the submissions made by the parties, and further considering the aforesaid aspect of the matter, the petitioner is granted liberty to file a representation before the authorities concerned in order to improve his ACR within a period of one week. Since the petitioner is employed as peon and is seeking promotion to the post of AG III, as such, the concerned respondent authorities are directed to consider and decide the said representation of the petitioner while passing appropriate orders in a pragmatic manner within a period of one month from the date of receipt of such representation, in accordance with law. 5. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha