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2026 DAILYLAW 2389 (CHH)

SHOBHA RAM BARMAN v. STATE OF CHHATTISGARH

WPS/676/2026 · 2026-01-20

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:3517 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 676 of 2026 • Shobha Ram Barman S/o Chhotu Ram Barman, Aged About 45 Years Presently Working As Lecturer At Government High School, Kishungarh, Block- Pandariya, Dist. Kabirdham (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur C.G. 2. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur C.G. 3. State Of Chhattisgarh Through The Secretary, The General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur C.G. 4. The Director Directorate Of Public Instructions, Indravati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Dist. Raipur C.G. 5. The Joint Director, Directorate Of Public Instructions, Indravati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Dist. Raipur C.G. ... Respondents For Petitioner : Mr. Anchal Kumar Matre, Advocate For Respondent-State : Ms. Anuja Sharma, Dy. Govt. Adv. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 21/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/ writs, directing the respondent authorities to modify the impugned promotion order after conducting a review DPC applying 3% reservation for persons with disability and PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 consider the names of petitioner by identifying the posts reserved under PwD Quota. 10.2 That, this Hon'ble court may kindly be pleased to issue an appropriate writ/writs, directing respondents to consider and decide the representation preferred by the petitioner in a pragmatic and objective manner and thereby pass an order declaring the petitioner eligible to be considered for promotion in the posts reserved and identified as posts for persons with disability. 10.3 That, any other relief/order or consequential directions which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for petitioner submits that petitioner is holding the post of Lecturer and is a Person-with-Disablity. According to the certificate issued by the competent authority petitioner is suffering with 50% permanent disability (Locomotor). The General Administration Department of the State Government has issued a Circular dated 26.02.2014 observing that according to Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, there is provision of reserving 3% promotional post for promotion of the employees with disability. However, while filling up the posts on promotion, respondent-department is not reserving 3% posts according to the said Circular issued by the State Government. Petitioner has submitted a representation before Respondents No. 2 & Respondent No. 4, however, til date no decision has been taken on his representation. 3. Learned State counsel submits that for redressal of grievance, petitioner has already submitted representation before the competent authority and if the representation is still pending consideration, it will be considered in accordance with law. 4. I have heard learned counsel for the parties and also perused the documents enclosed alongwith writ petition. 3 / 3 5. Grievance of petitioner is that petitioner is an employee of the State Government holding post of Lecturer as an employee with disability (50% Locomotor disability). According to the Circular issued by the General Administration Department dated 26.02.2014 addressing to all the departments, there was direction to reserve 3% promotional posts for promotion of employees with disability but the directives of the General Administration Department has not been made applicable in the Education Department for promotion of the employees with disability. Petitioner has already submitted a representation. 6. In the aforementioned facts of the case, looking to the nature of grievance raised and as the decision on the representation is till to be taken by Respondents No. 2 & 4, I find it appropriate to dispose of this writ petition at this stage directing Respondents No. 2 & 4 to take decision on the claim of petitioner and to take decision on the representation submitted by petitioner filed as Annexure P-4 dated 25.07.2025, in accordance with law, expeditiously, preferably within a further period of 03 months from the date of receipt of copy of order passed by this Court. 7. Accordingly, this petition is disposed of with aforesaid observations and directions. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE