1 2025:CGHC:8284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1285 of 2025 1 - Vishvnath Sahu S/o Late Shri Chintaram Sahu Aged About 39 Years Occupation Work Charged Chowkidar Ee (E And M) Sub Division P.H.E. Department Bametara District - Bametara (C.G.) Permanent R/o H. No. 220 Sahu Para Gond Selud Durg District - Durg (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Public Health Engineering Mahanadi Bhawan Atal Nagar Tahsil And District - Raipur (C.G.) 2 - Superintendent Engineer (E And M) Division Public Health Engineering Neer Bhawan Civil Lines Raipur (C.G.) 3 - Assistant Engineer (E And M) Division Sub Division P.H.E. Department Bametara District - Bametara (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Ms. Deepali Pandey, Advocate For State/Respondent(s) : Ms. Shailja Shukla, Dy. GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.19 15:30:02 +0530 2 18/02/2025 1. Heard Ms. Deepali Pandey, learned counsel for the petitioner as well as Ms. Shailja Shukla, learned Dy. Government Advocate for the State/respondent/s. 2. By way of this petition, the petitioner has prayed for following relief/s : “10.1 That, the Hon'ble Court be pleased to direct the respondent No 2 to deciding the pending application dated 4/11/2024 of the petitioner dated 4/11/2024 and grant the promotion on the post of Regular Assistant Grade-III from 14/7/2022, when his junior Shri Abhishek Tiwari was promoted (Annexure P/1). 10.2 That, the Hon'ble Court be pleased to direct the respondent No 2 to grant the petitioner promotion on the post of Regular Assistant Grade III from 14/7/2022, when his junior Shri Abhishek Tiwari was promoted. 10.3 Any other relief which this Hon'ble Court deems fit in the present facts and circumstances of the case may kindly be granted.” 3. Brief facts of this case is that the petitioner is working as work charged peon in the office of EE (E&M) Sub Division P.H.E. Department Durg Dist- Durg (C.G.). The father of the petitioner, late Shri Chintaram Sahu had passed away the petitioner was granted compassionate appointment on 1/9/2004 at the Office of executive Engineer (E&M) Division, Public Health Engineering Department, Raipur (C.G.) where he joined on 10/9/2004. While working as work charged peon, the petitioner did additional work of tube well mining, drilling, driver on the direction of the higher official. The petitioner was given experience certificates for the 3 same (Annexure P/3). After taking permission from the department the petitioner appeared and passed High School Examination in the year 2011, Higher Secondary in 2013 and DCA in the year 2024. The petitioner had informed the same to the department also. Thereafter, the petitioner was not granted the benefit of promotion on the post of Regular Assistant Grade III as the educational qualification of the petitioner was not added in his service record. The petitioner therefore submitted application dated 4/7/2024 to the Executive Engineer (E&M), P.H.E. Division Rajnandgaon (C.G.) (Copy of the application dated 4/7/2024 is annexed herewith as Annexure P/5) As per the seniority list dated 30/8/2013 the petitioner holds 10th position and Shri Abhishek Tiwari holded 14th position but vide order dated 14/7/2022 the junior of the petitioner, Shri Abhishek Tiwari was granted promotion denying the same to the petitioner. The petitioner was eligible for promotion on the post of regular Assistant Grade III since 2022 but he was not granted promotion Promoting the junior leaving the petitioner is not only discriminatory but also illegal and wrong. The petitioner submitted number of applications in the year 2022, 2023 and 2024 for promotion on the post of regular Assistant Grade III (Copies of the applications are collectively annexed herewith as Annexure P/7). The petitioner is therefore constrained to file the present petition seeking direction of the Hon'ble Court to the respondent authorities to decide the pending last application dated4/11/2024 and grant the promotion on the 4 post of Regular Assistant grade III from 14/7/2022, when his junior Shri Abhi shek Tiwari was promoted. Hence this petition. 4. Learned counsel for the petitioner submits that the petitioner is not being given promotion to the post of Regular Assistant Grade – III, though his junior has been promoted to the said post, he is within the zone of consideration for promotion to the post of Regular Assistant Grade – III. He has already moved a representation before the authority concerned on 04.11.2024, however, it has not been decided yet, as such, the petitioner is seeking limited prayer for a direction to the authorities to decide his representation and to consider him for promotion to the post of Regular Assistant Grade – III. 5. Learned counsel for the respondent is not having any objection, if such a direction is issued. 6. Considering the overall aspect of this case, the authorities are directed and expected to decide his representation for grant of promotion within a period of 30 days, if the petitioner is found fit in all respect. 7. Accordingly, with this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi