1 CGHC010236622023 2026:CGHC:28739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5037 of 2023 Diwakar Singh S/o Shri Man Bahadur Singh Aged About 45 Years Head Master (P.S.) At Govt. P.S. Kodwari, Block Podi Uproda, District Korba Chhattisgarh. --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, School Educaiton Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Director, Public Instruction, Directorate Indravati Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - The Joint Director Education Division, Bilaspur, District Bilaspur Chhattisgarh. 4 - The Ditrict Education Officer, Korba, District : Korba, Chhattisgarh 5 - Sanat Kumar Yadav, Teacher (T-Samvarg) At Government Middle School Pandripani, Block Kartala, District : Korba, Chhattisgarh --- Respondents WPS No. 5047 of 2023 Jeevan Das Baghel S/o Shri Amol Das Baghel Aged About 37 Years Head Master (P.S.) At Govt. P.S. Lakhanpur, Block Podi Uproda, Distt. Korba (C.G.) ---Petitioner 2 Versus 1 - State Of Chhattisgarh Through - Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instruction, Directorate Indravati Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur (C.G.) 3 - The Joint Director Education Divsion Bilaspur, District Bilaspur (C.G.) 4 - The District Education Officer Korba, District Korba (C.G.) 5 - Mahesh Kumar Kaushik Teacher (T-Samvarg) At Government Middle School Navapara, Block Kartala, District Korba (C.G.) 6 - Amardeep Baghel Teacher (T-Samvarg) At Government Middle School Pandariya, Block Katghora, District Korba (C.G.) --- Respondents For Petitioners : Shri Anil Singh Rajput, Adv. For Respondents No. 1 to 4 : Mr. Anis Tiwari, Dy. Govt. Adv. Mr. Ashwani Kumar Bharadwaj, Joint Director, Education Division, Bilaspur, Distt. Bilaspur and Mr. Tameshwar Upadhyay, District Education Officer, Korba appear in person Hon'ble Shri Justice Naresh Kumar Chandravanshi Order On Board 9-7-2026 1. Since the issue involved in both the writ petitions is identical, they were heard analogously and are being disposed of by this common order. (For the sake of convenience, WPS No. 5037/2023 is treated as leading case.) 3 2. Petitioners have preferred the present writ petitions under Article 226 of the Constitution of India seeking the following reliefs: “10.1 i) That, this Hon'ble court may kindly be pleased to issue a suitable writ or writs for directing the respondent authorities especially respondent no.3 to promote the petitioner on the post of Teacher (T- Samvarg) from the post of H.M. since his juniors i.e. respondent no.5 (in WPS No. 5037/2023) and respondents No. 5 and 6 (in WPS No. 5047/2023) has been promoted. ii) Any other relief / reliefs which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 3. The facts of the case, in brief, are that the petitioners were initially appointed as Shiksha Karmi Grade III in the year 2005/2006 respectively. In the year 2018, their services were absorbed in the Education Department pursuant to the policy decision of the State Government. They are presently working on the post of Head Master, Primary School. According to the gradation list (Annexure P-1), the private respondents were junior to the petitioners; however, they were promoted to the post of Upper Division Teacher (Middle School), whereas the petitioners were promoted to the post of Head Master, Primary School. The 4 petitioners were not afforded an opportunity to be considered for promotion to the post of Upper Division Teacher (hereinafter referred to as "UDT"). Hence, they have filed the present writ petitions. 4. Learned counsel for the petitioners submits that the petitioners, along with other persons working as Shiksha Karmi Grade III, were initially promoted to the post of Head Master, Primary School vide order dated 14-10-2022 issued by the District Education Officer, Korba. The said order was set aside by the Collector, Korba vide order dated 19-10-2022 on the ground that there were anomalies in the order. Consequently, the District Education Officer, Korba, vide order dated 20-10-2022, also cancelled the promotion order in compliance with the order passed by the Collector. The order dated 19-10-2022 passed by the Collector, Korba and 20-10-2022 passed by the District Education Officer, Korba were challenged by several Shiksha Karmi Grade III by filing WPS No.7388/2022. Subsequently, the Collector, Korba passed a clarificatory order on 3-11-2022. In view of the said clarificatory order, this Court disposed of WPS No.7388/2022 vide order dated 17-2-2023 observing that the grievance of the petitioners against the orders dated 19-10-2022 and 26-10-2022 passed by the Collector and the order dated 20- 10-2022 passed by the District Education Officer stood redressed. 5 4.1 Learned counsel further submits that after issuance of the clarificatory order dated 3-11-2022, the petitioners, the private respondents and other Shiksha Karmi Grade III joined on the post of Head Master, Primary School. Thereafter, when counselling for place of posting of Head Master, Primary School was conducted from 25-4-2023 to 27-4-2023, the petitioners requested that they be promoted to the post of UDT. This fact is also reflected in the table enclosed with Annexure R-2, which was forwarded by the District Education Officer, Korba to the Joint Director, Education Division, Bilaspur, indicating that the petitioners desired posting as UDT instead of Head Master. Despite this, during the counselling held from 1-5-2023 to 4-5-2023 for promotion to the post of UDT, the cases of the petitioners were not considered, whereas the private respondents were promoted as UDT. This action is stated to be contrary to the affidavit dated 4-8-2023 sworn by the then District Education Officer, Shri G.P. Bhardwaj, wherein it was specifically stated that promotion from the post of Assistant Teacher/Assistant Teacher (L.B.) to the post of Head Master, Primary School had been separated from the process of promotion to the post of Teacher. Learned counsel lastly submits that the respondent authorities have discriminated against the petitioners vis-a-vis the private respondents by extending the benefit of promotion to the latter while denying the same to the petitioners. 6 5. The State has filed reply. Learned State counsel, referring to its reply, submits that pursuant to the clarificatory order dated 3-11- 2022 issued by the Collector, Korba, this Court disposed of WPS No.7388/2022 observing that the grievance of the petitioners against the impugned orders stood redressed by virtue of the clarificatory order. It is submitted that vide said clarificatory order dated 3-11-2022, the Collector, Korba clarified that the promotion order dated 14-10-2022 issued by the District Education Officer, Korba had not been cancelled; rather, only posting pursuant thereto was to be made after counseling. It is further submitted that in compliance with the aforesaid clarificatory order, the petitioners, the private respondents and other Shiksha Karmi Grade III joined on their promotional post of Head Master, Primary School. Thereafter, counselling for posting of Head Masters, Primary School was conducted from 25-4-2023 to 27-4- 2023. Before the counselling, both the petitioners submitted applications dated 20-4-2023 (Annexure R-1) before the District Education Officer/Chairman, District Level Counselling Committee, Korba, stating that although their promotion to the post of Head Master had been kept as it is by the High Court, even then, their names had not been included in the list of persons eligible for counselling. Thus, the petitioners themselves accepted their promotion to the post of Head Master, Primary School and sought counselling on that basis. Consequently, they 7 were not considered for promotion to the post of UDT during the counselling held from 1-5-2023 to 4-5-2023. It is, therefore, submitted that both the writ petitions deserve to be dismissed. 6. Heard learned counsel for the parties and perused the material available on record. 7. It is not in dispute that the District Education Officer initially issued the promotion order dated 14-10-2022, which was subsequently cancelled by the Collector, Korba vide order dated 19-10-2022. In compliance with the Collector's order, the District Education Officer also passed a consequential order dated 20-10-2022. Thereafter, the Collector, Korba issued a clarificatory order dated 3-11-2022 clarifying that the promotion order issued by the District Education Officer had not been cancelled and only posting pursuant thereto was required to be made through counselling. In the light of the said clarificatory order, this Court disposed of WPS No.7388/2022, wherein the orders dated 19-10- 2022 passed by the Collector and 20-10-2022 passed by the District Education Officer had been challenged. 8. In compliance with the clarificatory order dated 3-11-2022 passed by the Collector, Korba, counselling for place of posting of promoted Head Masters, Primary School was conducted from 25- 4-2023 to 27-4-2023. However, Annexure R-1 reveals that the petitioners themselves submitted applications before the District 8 Education Officer/Chairman, District Level Counselling Committee, Korba, stating that although their promotion to the post of Head Master had been retained in the order of the High Court dated 17-2-2023 passed in WPS No. 7388/2022, their names had not been included in the in the list of persons eligible for counselling. The said application clearly indicates that the petitioners accepted their promotion to the post of Head Master, Primary School. They did not state therein that they were unwilling to continue as Head Master or that they desired to be considered for the post of UDT instead. Therefore, merely on the basis of Annexure R-1 dated 20-4-2023, it cannot be held that the petitioners were discriminated by not being considered for promotion to the post of UDT during the counselling held from 1- 5-2023 to 4-5-2023. 9. It is true that list annexed with communication Annexure R-2, sent by the District Education Officer, Korba to the Joint Director, Education Division, Bilaspur, contains the names of the petitioners along with certain other Head Masters indicating that they desired promotion as UDT. However, merely because the names of the petitioners appear in the said communication, it cannot be inferred that the respondent authorities discriminated against them vis-a-vis the private respondents. 9 10. During the course of hearing, respondents No.3 and 4, who were present in person, as well as the learned State counsel, fairly conceded that the private respondents had also initially been promoted to the post of Head Master, Primary School. Thereafter, during the counselling held from 1-5-2023 to 4-5-2023, they were promoted from the post of Head Master, Primary School to the post of UDT. However, it was submitted that the private respondents had not filed any application similar to Annexure R-1 dated 20-4-2023 expressing their acceptance of the promotion to the post of Head Master, Primary School. It is in these circumstances that they were considered for promotion to the post of UDT. Therefore, no parity can be claimed by the petitioners with the private respondents. 11. In view of the foregoing discussion, this Court is not inclined to interfere in the matter. Both the writ petitions, being devoid of merit, deserve to be and are accordingly dismissed. 12. Pending interlocutory application(s), if any, shall also stand disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak AVANISH KUMAR PATHAK Digitally signed by AVANISH KUMAR PATHAK Date: 2026.07.14 11:00:28 +0530