CGHC010245922026 2026:CGHC:36484-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 683 of 2026 1 - Yogesh Kumar Dhruw S/o Late Jeevan Lal Dhruw Aged About 50 Years Presently Posted Field Officer, Zila Samiti Jashpur, Distt- Jashpur (C.G.) 2 - Devendra Kumar Jangde S/o Late Bhanuprasad Jangde Aged About 46 Years Presently Posted Field Officer, Zila Samiti Mungeli Distt- Mungeli (C.G.) 3 - Sangeetmala Bhagat W/o Gulab Bhagat Aged About 46 Years Presently Posted Field Officer, Zila Samiti Jashpur, Distt- Jashpur (C.G.) 4 - Reshma Ekka W/o Satyendra Ekka Aged About 42 Years Presently Posted Field Officer, Zila Samiti Mungeli Distt- Mungeli (C.G.) 5 - Ramadhar Singh Kamal S/o Late Somvar Singh Kamal Aged About 48 Years Presently Posted Field Officer, Zila Samiti Kanker Distt- U. B. Kanker (C.G.) 6 - Sarita Xalxo W/o Ishwar Lal Sahu Aged About 49 Years Presently Posted Field Officer, Zila Samiti Raipur District- Raipur (C.G.) ... Appellant(s) versus 1 - Chhattisgarh State Antyavasai Sahakari Vitta Evam Vikas Nigam (A Govt. Of Chhattisgarh Undertaking S.T. S.C. O.B.C. And Minority Development Through Its Managing Director, Atal Nagar, Raipur (C.G.) 2 - Secretary State Government Of Chhattisgarh Aadim Jati Tatha Anusuchit Jati Vikas Vibhag, Mahanadi Bhawan, Naya Raipur (C.G.) 3 - Commissioner Aadim Jati Tatha Anusuchit Jati Vikas Vibhag, Indrawati Bhawan, Naya Raipur (C.G.) 4 - Ku. Rashmi Gutpa Presently Posted As In-Charge Manager- Vyavsayik Prashikshan Kendra, Raipur And Promoted As Manager Vyavsayik Prashikshan Kendra, Raipur (C.G.) 5 - Smt. Nidhi Shinde Presently Posted As Field Officer- Zila Samiti Korba, And Promoted As Executive Officer, Zila Samiti Korba (C.G.) 6 - Shri Navin Kumar Sharma Presently Posted As Field Officer, Nigam Office, Naya Raipur And Promoted As Assistant General Manager, Nigam Office, Naya Raipur (C.G.) Digitally signed by V PADMAVATHI Date: 2026.08.19 18:01:56 +0530 Wa 683 of 2026 2 7 - Shri Ghanshyam Prasad Bramhe Presently Posted As Field Officer, Zila Samiti Narayanpur And Promoted As Executive Officer, Zila Samiti Narayanpur (C.G.) 8 - Shri Praveen Lata Presently Posted As Field Officer, Zila Samiti Bemetara And Promoted As Executive Officer, Zila Samiti Bemetara (C.G.) 9 - Shri Sandip Kumar Shukla Presently Posted As Field Officer, Zila Samiti Janjgir Champa And Promoted As Executive Officer, Zila Samiti Janjgir Champa (C.G.) 10 - Shri Suresh Kumar Verma Presently Posted As Field Officer, Zila Samiti Kanker And Promoted As Executive Officer, Zila Samiti Kanker (C.G.) 11 - Amarnath Jain S/o Gaya Ram Jain Aged About 52 Years Working As Field Officer/ Chief Instructor Jila Antyavasayi Sahkari Vikas Samiti Maryadit Dhamtari (C.G.) 12 - Jeevanram Khutte S/o Late Nanakiram Khutte Aged About 56 Years Working As Field Officer/ Chief Instructor Jila Antyavasayi Sahkari Vikas Samiti Maryadit Naya Raipur(C.G.) 13 - Shrikant Jha S/o N.N. Jha Aged About 54 Years Working As Field Officer/ Chief Instructor Jila Antyavasayi Sahkari Vikas Samiti Maryadit, Ambikapur Sarguja (C.G.) 14 - Shyamlal Dash S/o Nani Gopal Dash Aged About 54 Years Working As Field Officer/ Chief Instructor Jila Antyavasayi Sahkari Vikas Samiti Maryadit Durg (C.G.) 15 - Kamlesh Kumar Dewangan S/o Baliram Dewangan Aged About 53 Years Working As Field Officer/ Chief Instructor Jila Antyavasayi Sahkari Vikas Samiti Maryadit Korea (C.G.) 16 - Om Prakash Sahu S/o Ram Prasad Sahu Aged About 52 Years Working As Field Officer/ Chief Instructor Jila Antyavasayi Sahkari Vikas Samiti Maryadit Balrampur (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Appellants : Shri N Naha Roy, Advocate For Respondents/State : Shri Sangharsh Pandey, GA For respective Private Respondents : Shri Bhaskar Payashi and Shri Rakesh Kumar Jha, Advocates --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per R amesh Sinha, Chief Justice Wa 683 of 2026 3 17.08.2026 Heard Shri N Naha Roy, learned counsel for the appellants. Also heard Shri Sangharsh Pandey, learned GA appearing for the State, Shri Bhaskar Payashi and Shri Rakesh Kumar Jha, learned counsel for the respective respondents. 1. Present Writ Appeal is filed with the following prayer: “It is, therefore, reverently prayed that this Hon’ble Court may kindly be pleased to allow the instant appeal and set aside the judgment and order dated 14.05.2026 passed in WPS No.3470/2022, for its being absolutely arbitrary and irrational, in the larger interest of justice. ” 2. Brief facts as mentioned in the appeal are that the appellants, though not party to the original writ petition, have filed the present appeal because the order dated 25.04.2022 adversely affects their promotional prospects. Learned Single Judge held that the writ petitioners (Respondent Nos. 11 to 16) were senior to Respondent Nos. 4 to 10 and directed consideration of their promotion through a review DPC. The appellants furhter contend that they were directly recruited as Field Officers in October 2013 and, after successful completion of probation and confirmation, were placed above Respondent Nos. 11 to 16 in the seniority list as on 01.04.2016. Their seniority had therefore been settled long before the writ petition. According to the appellants, Respondent Nos. 11 to 16 were promotees, and under Rule 9(b)(18) of the applicable Wa 683 of 2026 4 Service Rules, direct recruits are required to rank above promotees even where their dates of appointment are the same. Thus, the order granting the writ petitioners promotion on the basis of their alleged seniority is said to adversely affect the appellants, who claim a vested right in their established seniority and promotional prospects. The appellants submit that Respondent Nos. 11 to16 filed W.P.(S) No. 3470/2022, claiming seniority over Respondent Nos. 4 to 10 by relying on Rule 13(5) of the Service Rules, while allegedly ignoring Rule 9(b)(18), which specifically governs seniority between direct recruits and promotees. Since Respondent Nos. 4 to 10 were the beneficiaries of the promotion order dated 25.04.2022 and were themselves senior to the present appellants, the appellants were not impleaded in the writ petition. Consequently, they had no opportunity to bring the applicability of Rule 9(b)(18) to the Court’s notice. The learned Single Judge allowed the writ petition and directed that Respondent Nos. 11 to 16 be promoted to the post of Executive Officer with all consequential benefits from 25.04.2022, without first properly examining the validity of their seniority claim. The appellants further contend that the promotion order dated 25.04.2022 was based on the seniority list finalized on 01.04.2016. Therefore, before granting promotion to the writ petitioners, the seniority list ought to have been lawfully revised by placing them above Respondent Nos. 4 to 10. Moreover, the direction to promote the writ petitioners could not practically be implemented unless the existing promotion order dated Wa 683 of 2026 5 25.04.2022 was first quashed, so as to create the necessary vacancies. Hence this appeal by the appellants. 3. After arguing for some time, learned counsel for the appellants prays for withdrawal of this appeal with liberty to file Review petition before the learned Single Judge for redressal of their grievance. 4. The submission made by the learned counsel for the appellant is not opposed by the opposite party. 5. Accordingly, appeal is dismissed as withdrawn with liberty as prayed for. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice padma