1 2026:CGHC:5499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8537 of 2023 Yashpal Nishad S/o Shri Jgat Ram Nishad Aged About 44 Years Posted As Attendant Cum Chowkidar (Contigency Paid), At Outline Dispensary Kotmisonar, Block Akaltara, District Janjgir-Champa (C.G.) ... Petitioner. versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Veterinary Services, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.) 2 - The Director Directorate Of Veterinary Services, New Raipur, District Raipur (C.G.). 3 – The Deputy Director Veterinary Services, District Janjgir Champa (C.G.). 4 - The Veterinary Assistant Surgeon Veterinary Hospital Akaltara, Block Akaltara, District Janjgir-Champa (C.G.). 5 - The Collector District Janjgir-Champa (C.G.). 6 - Shri Rajnishkant Rathiya Posted As Attendant Cum Chowkidar, At Outline Dispensary Devarghata, Block Dabhara, District Sakti (C.G.) ... Respondents. For Petitioner : Shri Jeet Ram Patel, Advocate. For State/ Respondent : Shri Hariom Rai, PL. For Respondent No.6 : Ms. Sangeeta Kaushik appears on behalf of Shri Roop Ram Naik, Advocates. AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.02.04 10:16:24 +0530 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 31/01/2026 1. Petitioner has filed this Writ Petition seeking following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to set-aside/quash the order dated 06.10.2023 (ANNEXURE-P/1) and issued afresh deleting the name of respondent no. 6 in such afresh order and consider/mention the name of petitioner in afresh absorption list, in the interest of the justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent no. 2 to consider and decide the petitioner's representation (ANNEXURE-P/6), within stipulated time, in the interest of the justice. 10.3 That, any other relief which the Hon'ble Court may deemed fit and proper also be granted to the petitioner, in the interest of justice. 2. Necessary facts of the case are that the petitioner is low paid class fourth employee working as Attendant cum Chowkidar (contingency paid) in the respondent no. 1 department appointed through direct recruitment in the year 2013. Respondent No.3 issued order dated 23.05.2023, whereby the class fourth employee working under the respondent no. 1 department has given absorption/samayojan from Attendant (contingency paid) to Attendant (Regular), in such list, the respondent no. 6 is placed at serial no. 8, in that order, specific mention has been made that under the promotion order, the mentioned employees will submit presence report within 15 days at 3 promotion/absorption place, otherwise such absorption order will be automatically cancelled, and for further absorption/samayojan such employee will not be considered. Such condition attracts and taken from the Rule 7 sub Rule 17 of Chhattisgarh Public Service Promotion Rules 2003, but the respondent no. 3 is violating such condition illegally against the rules and considered the respondent no. 6 in impugned order dated 06.10.2023 for absorption/samayojan. The promotion order dated 19.05.2023 issued by the respondent no. 3, whereby promotion order was issued from the post of Attendant (Regular) to the post of Dresser (Patti Bandhak) in which one Banwari Lal Son has been promoted and posted at Veterinary Hospital Adbhar, therefore his earlier posting place as Attendant (Regular) at Outline Dispensary Chhote Mudpar has become vacant. That, the respondent no. 3 has issued gradation list dated 19.07.2023 for the class fourth employees working under his department and his district, in which six posts are vacant for the post of Attendant (Regular) and due to one class fourth employee has been promoted as Dresser from Attendant (Regular) also vacant, therefore total 07 posts are vacant for such posts, in which the respondent no. 6 is ineligible employee for absorption under Rules 2003 his name should be deleted for such absorption list. Petitioner should be absorb/sanayojit because as per service rules, the petitioner completed minimum services tenure of 5 years for getting such absorption/samayojan in the post of vacant Attendant (Regular) post, other similar situated employee obtained such absorption/samayojan after completion of 5 years' service tenure. In such gradation list name of employees will be considered from the employee namely Kamlesh Sahu for seven posts, therefore the 4 petitioner also will be entered in such absorption/samayojan as per the prescribed vacant post but illegally the name of petitioner has not been mentioned/considered in such list, whereas he is eligible employee for absorption in vacant posts. The respondent no. 3 has illegally considered the name of respondent no. 6 in absorption order dated 06.10.2023 in grave violation of the Rules 2003. The petitioner has submitted representation before the respondent no. 2 and stated his grievance in detailed for cancellation of such impugned order and issued afresh absorption list to enter his name, but same is still not considered nor decided. 3. Counsel for the petitioner submits that petitioner has not been promoted only on the ground that no post is available for promotion, however, according to the document annexed with the petition vide Rej/1, two posts are still lying vacant, despite of which, petitioner has not been promoted to the post of Attendant (Regular) from the post of Attendant (Contingency). 4. Learned State counsel submits that they will verify the said fact and if the subject post is available then the petitioner will be promoted to the post he is seeking promotion in. However, it would be done after due verification of the post available for promotion. 5. In the case at hand, counsel for the petitioner claims that respondent authorities have not granted promotion to the petitioner on the ground that post is not lying vacant, however, on the contrary, counsel for the petitioner on the basis of rejoinder claims that two posts are lying vacant. 6. Considering the fact situation of the case, this Court is of the view that there is no reason to keep this matter pending and as such, this Writ 5 Petition is disposed of with a direction to the respondent authorities to verify as to whether the post for promotion is lying vacant or not and thereafter pass appropriate order which be done within 60 days. 7. With the aforesaid observations and directions, this petition is disposed off. Sd/- (Amitendra Kishore Prasad) Judge Avinash