1 2025:CGHC:51097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11858 of 2025 • Shashibala Kindo D/o Late Pawal Kindo Aged About 40 Years Presently Working As Assistant Professor, Govt. Engineering College, Raipur, Distt. Raipur C.G., R/o Kosanagar, Near Budh Vihar, P.O. Nehru Nagar, Bhilai, Distt. Durg C.G. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G 2. Director, Directorate Of Technical Education, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. ... Respondent(s) For Petitioner(s) : Ms. Priyanka Rai, Advocate. For Respondent(s)/State. : Mr. Kesav Gupta, Panel Lawyer (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 14/10/2025 1. The petitioner has filed this Writ Petition against inaction on the part of the respondent authorities in not convening the Departmental Promotion Committee Meeting for recommendation with respect to promotion on the 2 post of Associate Professor/Reader from the post of Assistant Professor. 2. The brief facts of the case reflected from the record are that the petitioner was initially appointed on the post of Assistant Professor through Public Service Commission vide order dated 6-12-2016 and accordingly he was posted in Government Engineering College and he was regularized on the said post vide order dated 24-8-2020. She would further submit that as per Schedule IV of the Chhattisgarh Technical Education (Teaching Cadre Engineering College) (Gazetted) Service Recruitment Rules 2014, candidate should have minimum five years of experience on the post of Assistant Professor for being considered for promotion to the post of Associate Professor/Reader whereas the petitioner has completed more than nine years, still they have not convened the meeting of DPC. Thus she would pray for issuance of direction to the respondent authorities to convene the DPC. 3. On the other hand, learned State counsel would submit that they will consider the representation of the petitioner filed on 4-8-2025. 4. I have heard learned counsel for the parties and perused the record. 5. The State of Chhattisgarh in exercise of power conferred under Article 309 has framed the Chhattisgarh Public Service (Promotion) Rules 2003 (for short, “the Rules 2003”) and Rule 7(5) specifically provides that the meeting of the Departmental Promotion Committee shall be held every year. 6. From perusal of the aforesaid rule, it is quite vivid that promotion from the post of Associate Professor is on the basis of seniority cum merit, therefore, as per Rule 7 Sub Rule (4) of the Rules 2003, the meeting of Departmental Promotion Committee should be held every year. As such, it is incumbent upon the State to constitute DPC for considering the case of suitable candidates for promotion every year. It is well settled position of law that promotion is not the fundamental right of the Government servant, but right to be considered as fundamental right. Therefore, it is directed that the 3 respondent authority should convene the meeting of the DPC expeditiously within a period of three months from the date of communication of copy of this order. 7. It is made clear that this Court has not examined whether the petitioner is fit for promotion or not. It is for the DPC to consider the case of the petitioner, in accordance with law. 8. With the aforesaid observation and direction, this writ petition is disposed of Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.10.15 12:47:28 +0530