1 CGHC010217442022 2026:CGHC:31004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4804 of 2022 * - Mohan Ram Bhagat S/o Keshwar Ram Bhagat Aged About 46 Years Working As Assistant Grade III At The Office Of The Tahsildar Sanna, P.S. Sanna, District Jashpur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Of Revenue And Disaster Management, Department Capital Complex, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur, Chhattisgarh 2 - The Collector Jashpur, District Jashpur, Chhattisgarh 3 - District Selection Committee Jashpur, Revenue And Disaster Management, Department, District Jashpur, Chhattisgarh 4 - Sanjeev Ram Presently Posted As Assistant Grade II At Tahsil Office- Sanna, District Jashpur, Chhattisgarh 5 - Brahmanand Sai Presently Posted As Assistant Grade II At District Office Jashpur, District Jashpur, Chhattisgarh 6 - Ku. Snehlata Gupta Presently Posted As Assistant Grade II At District Office (General Election) Jashpur, District Jashpur, Chhattisgarh 7 - Amit Kumar Mishra Presently Posted As Assistant Grade II At Tahsil Office Bagicha, District Jashpur, Chhattisgarh 8 - Santosh Kumar Banjare Presently Posted As Assistant Grade II At Tahsil Office, Kunkuri, District Jashpur, Chhattisgarh 9 - Jitendra Kumar Thawait Presently Posted As Assistant Grade II At Tahsil Office, Sanna, District Jashpur, Chhattisgarh 10 - Vipin Kujur Presently Posted As Assistant Grade II At District Office Jashpur, District Jashpur, Chhattisgarh ... Respondents For Petitioner : Ms. Kusum Lalchandani, Advocate holding the briefof Mr. A.K. Yadav, Advocate For Respondents No. 1 to 3 : Mr. Vivek Siddharth Ojha, Panel Lawyer Digitally signed by RAMESH KUMAR VATTI Date: 2026.07.22 10:53:13 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 21/07/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 The Hon’ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner. 10.2 The Hon’ble Court may kindly be pleased to direct the respondents to allow benefit of promotion to the petitioner against the post of “Assistant Grade II” from the date when junior of the petitioner has been promoted or respondent no- 4 to respondent no. 10 have been promoted. 10.3 The Hon’ble Court may kindly be pleased to further direct the respondents to give the petitioner all consequential benefits like seniority, pay etc. in the post of Assistant Grade II. 10.4 That this Hon’ble Court may please to quash the impugned order dated 31/05/2022 (ANNEXURE P/1) issued by the collector Jashpur District Jashpur whereby the respondent no-4 to respondent no. 10 have been Promoted as Assistant Grade II. 10.5 That this Hon’ble Court may kindly be pleased to direct the respondent authority to grant the benefit to the petitioner according to the promotion rules, fundamental rules and circular of the government. 10.6 That this Hon’ble Court may kindly be pleased to direct the respondent authority to grant the benefit of promotion on the post of Assistant Grade II when the Mr. Jaipal Barwa was promoted and further request grant all consequential benefit from the year of 2007 dated 29.06.2007, when Mr. Barwa was promoted Assistant Grade II, because who was junior from the petitioner. 10.7 Any other relief, which this Hon’ble Court may deems fit and proper may also be awarded to the petitioner including the cost of the petition.” 2. Ms. Kusum Lalchandani, learned counsel appearing for the petitioner would contend that the petitioner was appointed to the post of Assistant Grade-III under the respondents No. 1 to 3 on 30.12.1998 and posted at Tehsil Office Sanna, District Jashpur. It is argued that the petitioner was placed under suspension vide order dated 27.10.2006 and thereafter his services were terminated vide order dated 19.12.2008. 3 She would contend that the Collector Jashpur reinstated the petitioner in services vide order dated 31.07.2021. She would submit that a DPC was convened for promotion to the post of Assistant Grade-II and juniors to the petitioner were promoted on 31.05.2022. It is argued that the petitioner being senior is entitled for similar relief. She would further submit that the petitioner is entitled for all benefits with effect from 29.06.2007 when Mr. Jaypal Barwa was promoted to the post of Assistant Grade-II. She would pray to allow this petition. 3. On the other hand, Mr. Vivek Siddharth Ojha, learned Panel Lawyer appearing for the State/respondents No. 1 to 3 would oppose. He would submit that in the prayer Clause No. 10.6, the petitioner has claimed promotion with effect from 29.06.2007, when Jaypal Barwa was promoted to the post of Assistant Grade-II and thus, the claim of the petitioner is hit by principles of delay and laches. It is also argued that the services of the petitioner were terminated in the year 2008 and he was reinstated vide order dated 31.07.2021 and therefore, the ACRs of preceding 05 years were not available with the department and that was the reason, the name of the petitioner was not considered in the year 2022. He would submit that the petition is misconceived and deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. Admittedly, the petitioner was appointed on the post of Assistant Grade-III vide order dated 30.12.1998. He was placed under suspension and subsequently his services were terminated vide order dated 19.12.2008. Prior to termination of service of the petitioner, Jaypal Barwa was promoted to the post of Assistant Grade-II, but at 4 that point of time, no claim was made by the petitioner with regard to promotion. The petitioner was reinstated in service vide order dated 31.07.2021 and thereafter again a DPC was convened in the year 2022 and the colleagues of the petitioner were promoted to the post of Assistant Grade-II vide order dated 31.05.2022 and thereafter the petitioner filed this writ petition and claimed promotion with effect from said date and also challenged the order of promotion dated 31.05.2022. In prayer Clause 10.3 and 10.4, the petitioner has sought for a direction to consider his name for promotion to the post of Assistant Grade-II with effect from the date when his juniors were promoted, therefore, the case is within period of limitation as it was filed on 30.08.2022. 6. Admittedly, ACRs of the petitioner for last 05 years were not available with the Departmental Promotional Committee, therefore, name of the petitioner could not be considered in the DPC held in the year 2022, but at present the petitioner has already completed more than 05 years of service, therefore, the competent authority is directed to consider the name of the petitioner for promotion to the next higher post strictly in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of case. The decision shall be taken by the respondent authorities with regard to promotion of the petitioner preferably within a period of 150 days. 7. With the aforesaid observation(s) / direction(s), this writ petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti