1 2025:CGHC:58980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2570 of 2021 1 - Suku Ram Kashyap S/o Raghunath Aged About 43 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Tirathgarh Block Darbha, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2 - Sukaru Ram Kashyap S/o Chetan Ram Aged About 36 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Malgaon Block Bakawand, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Chunnu Ram Kashyap S/o Budharu Ram Kashyap Aged About 39 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Badrenga Block Lohandiguda, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Shambhu Ram Markam S/o Rupsingh Markam Aged About 43 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Tokapal Block Tokapal, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 5 - Subhash Ram Kashyap S/o Lakhmu Kashyap Aged About 32 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Salepal Block Tokapal, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 6 - Sukhram Kashyap S/o B. R. Kashyap Aged About 32 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Mardum Block Lohandiguda, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 7 - Gangadhar Kashyap S/o Mohan Kashyap Aged About 39 Years Presently Working As 2 Rural Health Convenor (Male) At Sub- Health Center, Retawand Block Baster, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 8 - Jugdhar Markam S/o Ranan Singh Markam Aged About 37 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Khadsara Block Baster, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 9 - Jugdhar Netam S/o Ayatu Ram Netam Aged About 36 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Kungarpal Block Baster, Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 10 - Maheswar Baghel S/o P. Baghel Aged About 29 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Hatpadmur, Block Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 11 - Tularam Shetiya S/o Goverdhan Shetiya Aged About 41 Years Presently Working As Rural Health Convenor (Male) At Sub- Health Center, Bamhani Block Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Health And Family Welfare, Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Jagdalpur District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Chief Medical And Health Officer Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Block Medical Officer Block Baster, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 5 - Block Medical Officer Block Lohandiguda, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 6 - Block Medical Officer Block Tokapal, District Baster Chhattisgarh., District : 3 Bastar(Jagdalpur), Chhattisgarh 7 - Block Medical Officer Block Jagdalpur, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh --- Respondent(s) WPS No. 2569 of 2021 1 - Smt. Kiran Markam W/o Shambhu Ram (Before Marriage Her Name Is Kiran Dhruw) Aged About 38 Years Presently Working As Rural Health Convenor (Female) At Primary Health Center, Neganar Block Darbha, Jagdalpur , District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 2 - Smt. Shanti Kashyap W/o Raghunath Kashyap Aged About 39 Years Presently Working As Rural Health Convenor (Female) At Primary Health Center , Mavalibhata Block Tokapal Jagdalpur , District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, New Raipur , Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Jagdalpur , District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Chief Medical And Health Officer Jagdalpur , District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 4 - Block Medical Officer Block Darbha, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 5 - Block Medical Officer Block Tokapal, District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh --- Respondent(s) 4 WPS No. 2595 of 2021 1 - Rajesh Tiwari S/o Late B.B. Tiwari Aged About 39 Years Presently Working As Pharmacist Grade 2, At Primary Health Center, Kurandi Block Jagdalpur , District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary , Department Of Health And Family Welfare , Mahanadi Bhawan, New Raipur , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Jagdalpur , District Baster Chhattisgarh. 3 - Chief Medical And Health Officer Jagdalpur District Baster Chhattisgarh. 4 - Block Medical Officer Block Jagdalpur , District Baster Chhattisgarh. --- Respondent(s) WPS No. 2599 of 2021 1 - Devchand Yadav S/o Late R.R. Yadav Aged About 42 Years Presently Working As Driver At Community Health Center, Bakawand Block- Bakawand, Jagdalpur, District- Baster, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, New Raipur, Atal Nagar, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector Jagdalpur, District- Baster, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Chief Medical And Health Officer Jagdalpur, District- Baster, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 5 4 - Block Medical Officer Block- Bakawand, District- Baster, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. U. N. S. Deo, Advocate For Respondent(s) : Ms. Shailja Shukla, Dy. G. A. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 04/12/2025 1. These bunch of petitions involve common issue, therefore, they are being heard and decided by a common order. 2. WPS No.2570/2021 is taken as a lead case. 3. The following relief(s) has been claimed in this writ petition:- 10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the proceedings culminating in the cancellation of promotion of petitioners. 10.2) That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 24/03/2021 {Annexure P/1} issued by the Respondent no.2 and further proceedings of relieving petitioners from their promotional posts, pursuant to already executed orders in the interests of justice. 10.3) Any other relief(s), including the costs of this petition, as deemed fit and proper by the Hon'ble Court, in the circumstances of the case. 4. Learned counsel for the petitioners submits that the petitioners were initially appointed to the post of Class-IV employee under respondent No.3 on different dates i. Subsequently, they were promoted to the post of Class- III by the competent authority in the year 2020. However, without affording any opportunity of hearing, the promotion order was canceled by respondent No.3 vide order dated 24.03.2021. He contends that the concerned authority ought to have provided sufficient opportunity of hearing before canceling the promotion order, as it has civil consequences. He placed reliance upon the order of this Court passed in WPS 6 No.2307/ 2021 dated 14.08.2025 to contend that in similar facts and situations, the writ petition was allowed granting liberty in favour of the respondent to pass a fresh order after affording a due opportunity of hearing to the petitioner. 5. On the other hand, the learned State counsel opposes the submissions made by counsel for the petitioners and submits that there were other similarly situated employees, and an enquiry was conducted against them with regard to irregularities in their promotions. She further submits that pursuant to directions issued in WP(S)/9778/2019 and WP(PIL)/91/2019, a committee was constituted to conduct an enquiry, wherein it was found that the petitioners and other similarly situated persons were wrongly granted promotions to various Class-III posts. On the basis of findings recorded by the committee, the concerned authority issued the impugned cancellation order. However she fairly submits that before passing the impugned order, no opportunity of hearing was granted but as in the preliminary enquiry conducted by the respondents irregularities were found in the promotion order, hence the granting of opportunity of hearing would be an empty formality. 6. Heard the learned counsel for the parties and perused the documents on the record. 7. From a perusal of the record, it appears that the petitioners were promoted from Class-IV to different post of Class-III. From the reply of State it appears that certain writ petitions, including a Public Interest Litigation, were filed before this Court challenging such promotions. Pursuant to the orders passed in those petitions, a committee was constituted to enquire into the matter regarding promotion granted to the petitioners and other similarly situated employees. The allegations made in the complaint were found to be substantiated, and subsequently, the promotion orders of the petitioners were canceled by respondent No.3 vide the impugned order. 8. Though an enquiry committee was constituted pursuant to directions issued by High Court and irregularities were found in the promotion process by the said committee, but at the same time, it is equally true that the petitioners were not afforded any opportunity of hearing before the issuance of the impugned order dated 24.03.2021 (Annexure P-1) which is in utter violation of the principles of natural justice. 7 9. The facts of WPS No.2307/ 2021 are similarly situated to the present case. This Court vide its interim orders dated 06.05.2021 & 12.05.2021, granted interim order in favour of the petitioners and according to learned counsel for the petitioners, the petitioners are still discharging the functions on their promotional posts. This would reflect that the cancellation of promotion orders has been kept in abeyance pending the outcome of this petition. 10. Taking into consideration the fact that the cancellation of the promotion order has serious civil consequences affecting the service career of petitioners, this Court finds that the impugned order dated 24.03.2021 (Annexure P-1) suffers from the vice of violation of the natural justice principles; thus, the impugned order dated 24.03.2021 (Annexure P-1) is hereby quashed. Accordingly, this writ petition stands disposed of. No order as to costs. 11. Respondents would be at liberty to pass a fresh order after affording a due opportunity of hearing to the petitioners adhering to the principal of natural justice. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.12.06 12:27:28 +0530