1 2025:CGHC:50178 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2881 of 2023 1 - Devprasad Chouhan S/o Satyanand Chouhan Aged About 61 Years Presently Posted And Working As Head Master, Middle School, Daxin, Regon, Block Tamnar, District- Raigarh Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education Mahanadi Mantralaya, Naya Raipur, Atal Nagar Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh. 2 - Secretary, Department Of Scheduled Caste/scheduled Tribe Development, Mahanadi Mantralalaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District - Raipur Chhattisgarh. 3 - Director, Directorate Of Public Instructions, Chhattisgarh, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District - Raipur Chhattisgarh. 4 - Commissioner, Department Of Scheduled Caste/scheduled Tribe Development, Chhattisgarh, Raipur Chhattisgarh. 5 - District Education Officer, Raigarh Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 6 - Elmendra Bada, Head Master, Government Middle School, Bazard Para, Raigarh, District Raigarh Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Anuroop Panda, Advocate. For Respondent(s)/State : Mr. Ankur Kashyap, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/10/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “i. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to correct the gradation list dated 23/3/2023 as on 1/4/2021 and place the name of the petitioner at an appropriate place by giving proper seniority to the petitioner. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Brief facts of the case, is that, the petitioner is currently serving as Head Master at Middle School, Daxin, Regon Block Tamnar, Dist Raigarh. Initially appointed as an Assistant Teacher on 17/01/1983, the petitioner was entitled to promotion to the next 3 higher post of Upper Division Teacher (UDT) after completing 12 years of service. However, although the petitioner completed 12 years in 1995 and was granted a higher pay scale based on the recommendation of the Departmental Promotion Committee (DPC), the promotion to UDT was delayed until 21/05/2007. Subsequently, after 24 years of service, the petitioner was granted a higher pay scale equivalent to the post of Head Master/Lecturer from 2007, but the formal promotion to Head Master was only given on 28/08/2010. Promotions and seniority up to the post of Head Master were managed at the district level, while promotion to the next higher post of Principal is based on a combined seniority list prepared at the state level. Several Head Masters appointed in or after 1983 were promoted earlier than the petitioner, including respondent No.6, appointed as Assistant Teacher in 1988 and promoted to Head Master in 2000, indicating irregularities in the seniority list. Despite the petitioner’s request for proforma seniority from the year 2007 (his actual entitlement), the petitioner has been excluded from the seniority list of Head Masters/Lecturers and consequently deprived of promotion to Principal. This delay and exclusion amount to discrimination and violate Article 14 of the Constitution of India. Similar anomalies were addressed in Raigarh district when Head Masters from Tribal Welfare Department were granted proforma 4 seniority in 2015. Nonetheless, the petitioner’s name remains low in the latest gradation list dated 23/03/2023, placed at serial number 855 below several juniors. The petitioner has submitted a representation on 29/03/2023 seeking correction of the gradation list, which remains pending. The impugned actions are discriminatory, warranting this petition. 3. Learned counsel for the petitioner submits that the petitioner has already preferred a detailed representation before the competent authority seeking correction of the gradation list. It is contended that the petitioner’s position in the said gradation list has been erroneously shown, and such an error, if not rectified at the earliest, would seriously prejudice and adversely affect the entire future service career of the petitioner, including them prospects of promotion, seniority, and other consequential benefits. Therefore, the petitioner prays that necessary correction in the gradation list be carried out in a just and proper manner in order to secure his rightful place in the service hierarchy. 4. On the other hand, learned counsel appearing for the State submits that in the event the petitioner has already filed any representation before the competent authority, the same shall be duly considered and decided by the said authority strictly in accordance with law, within a reasonable time frame, and in adherence to the principles of natural justice. 5 5. I have heard leaned counsel for the parties and perused the material available on record. 6. Considering the overall facts and circumstances of the present case, and in order to ensure that the matter is not unnecessarily kept pending, it is hereby directed that the concerned respondent authorities shall take up for consideration the representation submitted by the petitioner with regard to the correction of the gradation list, insofar as it relates to the petitioner. The authorities shall duly examine the same in accordance with law and pass a reasoned and appropriate order within a period of 60 days from the date of receipt of a certified copy of this order. 7. It is made clear that this Court has not expressed anything on the merits of the case. 8. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat