1 CGHC010250972026 2026:CGHC:29228 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5019 of 2026 Aktu Ram Nag S/o Sakru Ram Nag Aged About 44 Years Presently Working As Driver Of Community Health Center Lohandiguda Block Lohandiguda Jagdalpur District Bastar C.G. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary Department Of Health And Family Welfare, Mahanadi Bhawan, Nava Raipur District Raipur C.G. 2 - Director Directorate Of Health Services Swasthya Bhawan North Block Sector 19, Nava Raipur District Raipur C.G. 3 - The Collector Jagdalpur District Bastar C.G. 4 - Chief Medical And Health Officer, Jagdalpur District Bastar C.G. 5 - Block Medical Officer Block Lohandiguda District Bastar C.G. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.07.13 17:16:10 +0530 2 ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Satish Gupta, Advocate For Respondent(s) : Shri Vivek Verma, Govt. Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 13.07.2026 1. The present writ petition has been filed by the petitioner seeking following reliefs :- “10.1 That, Hon'ble Court may kindly be pleased to call for the records of the case from the Respondent Authorities. 10.2 That, Hon'ble Court may kindly be pleased to quash/set aside the impugned order dated 24/03/2021 (Annexure P/1) and 30/03/2021 (Annexure P/2) in respect to the petitioner in light of order of this hon'ble court passed in WPS no. 2599/2021 and WPS no. 2316/2021 (Annexure P/6) by issuance of appropriate writ/writs, order/orders, direction/directions. 10.3 That, Hon'ble court may kindly be pleased to issued direction to the respondent authority to permitted the petitioner to work on promotional post of Driver. 3 10.4 That, this hon'ble court may kindly be pleased to disposed of the instant writ petition in light of the order passed by this hon'ble court in WPS no.2599/2021 and WPS 2316/2021. 10.5 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court.” 2. (a) Learned counsel for the petitioner submits that the petitioner, a Class-IV District Cadre employee of the Health Department, was duly promoted to the post of Driver by order dated 13.11.2020 on the recommendation of the Departmental Promotion Committee and joined the promotional post on 18.11.2020. It is submitted that the promotion, having already been acted upon, could not have been cancelled on the basis of a direction issued by the District Collector, who had no jurisdiction in the matter. It is further submitted that the consequential orders dated 24.03.2021 and 30.03.2021 cancelling the petitioner’s promotion were passed without affording him any opportunity of hearing, in complete violation of the principles of natural justice. 4 (b) Learned counsel further submits that in identical circumstances, this Court, in WPS No. 2599 of 2021 (Devchand Yadav v. State of Chhattisgarh & Others), had stayed the operation of the impugned orders and, by final judgment, set aside the orders dated 24.03.2021 and 30.03.2021 with liberty to the authorities to pass a fresh order after providing an opportunity of hearing. It is submitted that the benefit of the said judgment was extended only to those employees who had approached this Court, whereas the petitioner, despite being similarly situated, has been denied the same relief. It is submitted that the petitioner is entitled to the same relief as granted in WPS No. 2599 of 2021 and WPS No. 2316 of 2021, and the impugned orders deserve to be quashed. 3. On the other hand, the learned State counsel opposes the submissions made by counsel for the petitioners and submits that there were other similarly situated employees, and an enquiry was conducted against them with regard to irregularities in their promotions. He further submits that pursuant to directions issued in WP(S)/9778/2019 and WP(PIL)/91/2019, a committee was constituted to conduct an enquiry, wherein it was found that the petitioners and other 5 similarly situated persons were wrongly granted promotions to various Class-III posts. On the basis of findings recorded by the committee, the concerned authority issued the impugned cancellation order. However he fairly submits that before passing the impugned order, no opportunity of hearing was granted but as in the preliminary enquiry conducted by the respondents irregularities were found in the promotion order, hence the granting of opportunity of hearing would be an empty formality. 4. Heard learned counsel for the parties and perused the material available on record.] 5. From a perusal of the record, it appears that the petitioners were promoted from Class-IV to different post of Class-III. From the reply of State it appears that certain writ petitions, including a Public Interest Litigation, were filed before this Court challenging such promotions. Pursuant to the orders passed in those petitions, a committee was constituted to enquire into the matter regarding promotion granted to the petitioners and other similarly situated employees. The allegations made in the complaint were found to be substantiated, and subsequently, the promotion orders of the 6 petitioners were canceled by concerned authorities vide the impugned order. 6. Though an enquiry committee was constituted pursuant to directions issued by High Court and irregularities were found in the promotion process by the said committee, but at the same time, it is equally true that the petitioners were not afforded any opportunity of hearing before the issuance of the impugned order dated 24.03.2021 (Annexure P/1) & (Annexure P/2) dated 30.03.2021, which are in utter violation of the principles of natural justice. 7. The facts of WPS No.2307/ 2021 are similarly situated to the present case. This Court vide its interim orders dated 06.05.2021 & 12.05.2021, granted interim order in favour of the petitioners and according to learned counsel for the petitioners, the petitioners are still discharging the functions on their promotional posts. This would reflect that the cancellation of promotion orders has been kept in abeyance pending the outcome of this petition. 8. Taking into consideration the fact that the cancellation of the promotion order has serious civil consequences affecting the service career of petitioners, this Court finds that the 7 impugned order dated dated 24.03.2021 (Annexure P/1) & (Annexure P/2) dated 30.03.2021. suffer from the vice of violation of the natural justice principles; thus, the impugned order dated 24.03.2021 (Annexure P/1) & (Annexure P/2) dated 30.03.2021 are hereby quashed. Accordingly, this writ petition stands allowed. 9. Respondents would be at liberty to pass a fresh order after affording a due opportunity of hearing to the petitioners adhering to the principal of natural justice. Sd/- (Bibhu Datta Guru) JUDGE Shoaib