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2025 DAILYLAW 5141 (CHH)

AKHILESH TIWARI v. STATE OF CHHATTISGARH

WPS/812/2025 · 2025-01-29

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 812 of 2025 1 - Akhilesh Tiwari S/o Shri Rameshwar Prasad Tiwari Aged About 53 Years Lecturer (L.B.), Presently Posted As Assistant Program Coordinator, District Project Office, Samagra, Shiksha, Bilaspur, District Bilaspur, Chhattisgarh. 2 - Mukesh Pandey S/o Late Shri Radhika Prasad Pandey Aged About 53 Years Presently Posted As Lecturer (L.B.), Government Higher Secondary School Pipartarai, Block Kota, District Bilaspur, Chhattisgarh. 3 - Sobha Ram Palke S/o Late Shri Tilak Ram Palke Aged About 52 Years Presently Posted As Lecturer (L.B.), Government Higher Secondary School Majhgaon, Block Kota, District Bilaspur, Chhattisgarh. ... Petitioner(s) Digitally signed by RAGHVENDRA JAT 2 versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 - Shri N. K. Bajrang Presently Posted As Lecturer (L.B.), Government Higher Secondary School Sonsari, Block Akaltara, District Janjgir- Champa, Chhattisgarh. 4 - Shri Giriwar Kumar Presently Posted As Lecturer (L.B.), Government Higher Secondary School Nariyara, Block Malkharoda, District Janjgir-Champa, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Amrito Das, Advocate. For Respondent(s)/State : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 3 29/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the initiation of the process of promotion to the post of Principal in the respondents department for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ/order directing to rectify the gradation list published on 25.11.2024 (ANNEXURE P-1) by making a thorough investigation into the seniority position of each candidate after examining the date and post/cadre of their initial appointment as also their immediate seniority on the post of Lecturer (Panchayat) in the Department of Panchayat. 10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ order declaring that the process of promotion undertaken / conducted by the respondents based on the defective gradation list published on 25.11.2024 is illegal, non est and void. 10.4 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case.” 2. Mr. Amrito Das, learned counsel for the petitioners submits that 4 there are apparent error in the gradation list as such they have filed representation before the authorities concerned, however, till date it has not been decided and the respondent authorities are going to initiate Departmental Promotion Committee (DPC) for promotion of the persons concerned. The petitioners are having apprehension that on the basis of such incorrect gradation list the petitioners as well as other persons will not be considered he has drawn my attention towards gradation list in which at Sr. No. 255 and Sr. No. 259 there are apparent anomalies in the column 12 the said fact has also been brought to the notice of learned State counsel and as such there appears to be some incorrect entries and for that she submits, it requires verification. Learned counsel for the petitioners at this stage submits that they may be allowed to file a representation showing these anomalies before the authority concerned, and, in turn concerned authorities may be directed to decide the representation while checking the gradation list and if there appears anomalies in the gradation list they may be directed to correct the same. 3. Ms. Nupur Trivedi, learned counsel for the State submits that if such representation will be filed, it will be decided in accordance with law. 4. Accordingly, the respondent authorities are directed to decide the representation in respect of anomalies in the gradation list within 5 a period of four weeks. 5. The petitioners are further directed to file appropriate representation showing specific anomalies in the gradation list within a period of one week and the same shall be decided within a period of four weeks. It is expected from the concerned authorities that they will not act upon such a defective gradation list till representation is decided. 6. With this observation and direction, the instant petition stands disposed of. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat