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2026 DAILYLAW 21527 (CHH)

RAJESH SINGH KSHATRIYA v. State Of Chhattisgarh

WPS/1813/2017 · 2026-06-14

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:23869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1813 of 2017 1. Rajesh Singh Kshatriya S/o Late Dalganjan Singh, Aged About 39 Years, Occupation Service, Upper Division Teacher At Middle School, Badgaon, Block Tamnar, Distt. Raigarh Chhattisgarh 2. Gaya Prasad Ram S/o Bodhram, Aged About 50 Years Occupation Service, Upper Division Teacher At Gamekala, Block Lailunga, Distt. Raigarh Chhattisgarh 3. Devnish Xalxo S/o Siril Xalxo, Aged About 47 Years Occupation Service, Head Master At Govt. Primary School, Pokdega, Block Lailunga, Distt. Raigarh Chhattisgarh 4. Veer Sai Paikra S/o Ghabil Sai Paikra, Aged About 43 Years Occupation Service, Head Master At Primary School Sarasmal, Block Lailunga, Distt. Raigarh Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur Chhattisgarh 2. Principal Secretary, Department Of Tribal Welfare Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur Chhattisgarh 3. Director, Directorate Of Public Instructions, Indravati Bhawan, Division- 3, First Floor, Naya Raipur, Distt. Raipur Chhattisgarh 4. Collector, Raigarh, District Raigarh Chhattisgarh. 5. Assistant Commissioner, Tribal Welfare, Raigarh, Distt. Raigarh Chhattisgarh 6. Smt. Rewa Bose, Govt. Middle School D. N. K. Dharampura, Jagdalpur, Bastar Chhattisgarh 7. Mukesh Semsan, Govt. Primary School, Jampadarpara, Kondagaon, Distt. Kondagaon Chhattisgarh 8. Smt. Jyotsana Mishra, Govt. Higher Secondary School No. 2, Jagdalpur, Bastar Chhattisgarh ... Respondent(s) SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.06.17 11:27:04 +0530 2 For Petitioners : Mr. Shubham Tripathi, Advocate holding the brief of Mr. Awadh Tripathi, Advocate For State : Mr. Vivek Siddharth Ojha, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.06 .2026 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1 That the Hon'ble Court may kindly be pleased to issue a writ of mandamus and certiorari by quashing the impugned order dated 10.03.2017 (Annexure P/6) with regard to respondent no. 6 to 8 and grant the petitioners proforma seniority w.e.f. 07.10.2008 and promotion from 10.03.2017 when the similarly placed persons with that of the petitioners and junior to the petitioners were promoted. 10.2. Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioners.” 2. Learned counsel for the petitioners would submit that though the petitioners were eligible for promotion to the post of Lecturers on 10.03.2017, but their names were not considered and their juniors were promoted to the said post. He would submit that subsequently, claims of the petitioners were considered and they were promoted to the post of Lecturer vide order dated 28.03.2018 and 29.09.2018. He would submit that the petitioners are entitled for all benefits attached to the post of Lecturers with effect from 10.03.2017. He would submit that a direction may be issued to the respondents to extend the benefits claimed. 3. On the other hand, learned counsel appearing for the State would oppose. Mr. Ojha would submit that the grievance of the petitioners has already been redressed as they have been promoted to the post of Lecturers. He would 3 submit that this petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. The petitioners have claimed benefits attached to the post from the date when their juniors were promoted to the post of Lecturers. Admittedly, juniors to the petitioners were promoted to the post of Lecturers vide order dated 10.03.2017, whereas, names of the petitioners were considered on 28.03.2018 and 29.09.2018. The petitioners and private respondents accepted their promotional post without any objection and long 8 years have passed, therefore, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioners to make detailed representations claiming therein seniority and other benefits attached to the post before the respondent No. 3 within a period of 45 days, and in turn, the said authority is directed to pass appropriate order in objective manner, preferably within a period of 90 days. 6. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant