1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 289 of 2023 1 - Hemant Cherpa S/o Late Cherpa Gopal Aged About 37 Years Currently Working As Assistant Mining Officer, Dantewada, Dististrict Dantewada Chhattisgarh. 2 - Bajrang Singh, S/o Ram Lal, Aged About 36 Years Currently Working As Assistant Mining Officer, Dhamtari, District Dhamtari Chhattisgarh. ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary, Minerals Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Director, Directorate Of Geology And Mining, Indarawati Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh. 3 - Chhattisgarh State Public Service Commission Through Its Secretary Shankar Nagar, Raipur, District : Raipur, Chhattisgarh ... Respondents For Petitioners : Shri Himanshu Yadu, Advocate For Respondents No.1 and 2 : Shri Atanu Ghosh, Dy. Government Advocate For Respondent No.3 : Dr. Sudeep Agrawal, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board Digitally signed by GOPAL SINGH Date: 2025.07.18 19:45:23 +0530 2 16/07/2025 1. Following reliefs have been sought in this petition: “(i) That the Hon’ble Court may issue appropriate writ directing the Respondents to grant relaxation of one year to the petitioners as per clause 1.8 of the circular/directions dated 03.06.2015 from the minimum requisite experience of 5 years for promotion to the post of Mining Officer. (ii) That, consequently, this Hon’ble Court may kindly be issue appropriate writ directing the respondents to immediately convene DPC meeting for the promotion on the post of Mining Officer before other ineligible officers and consider the Petitioners for such promotion as per provisions contained in circular dated 15-01-2021 and 16-02-2015 read with Rule 6(4) of 2003 Rules and 13 and 14 of the Rules of 2006 before some of the officers who are ineligible as on date. (iii) That, this Hon’ble Court may kindly be please to issue appropriate direction tot he respondent authorities to comply with the order passed by this Hon’ble Court in WPS No.4389/2022 and not to grant out of turn exemption to some of the officers for promotion on the post of mining officer who are not otherwise eligible for promotion as on date. 3 (iv) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for respondent No.3 submits that grievance of petitioner No.1, so far as his promotion part is concerned, has been redressed as he has already been promoted. So far as petitioner No.2 is concerned, since he was not found fit for promotion, he could not be given promotion. 3. At this stage, learned counsel for the petitioners submits that he may be granted liberty to file an appropriate petition in respect of petitioner No.2 challenging his non-promotion. 4. Considering the fact that the petitioner No.1 has already been promoted and the petitioner No.2 was not found fit for promotion, the instant writ petition is dismissed as having become infructuous. Liberty, as prayed for in respect of petitioner No.2, is granted. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh