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2026 DAILYLAW 33709 (CHH)

NAKUL KUMAR RAJWADE v. STATE OF CHHATTISGARH

WPS/1045/2022 · 2026-08-23

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2026

Judgment text

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1 CGHC010052822022 2026:CGHC:37904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1045 of 2022 * - Nakul Kumar Rajwade S/o Late Shivnath Rajwade, Aged About 58 Years Presently Working As Lecturer, Govt. Higher Secondary School, Rampur PWD, Korba, District Korba Chhattisgarh. --- Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantaralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Director, Directorate, Public Instructions, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - Joint Director, School Education Department, Bilaspur, District Bilaspur Chhattisgarh. 4 - Assistant Commissioner, Tribal Development, Korba, District Korba Chhattisgarh. 5 - District Education Officer, Korba, District Korba Chhattisgarh. 6 - Padum Kumar Sahu Presently Working As Lecturer (Maths), Govt. Higher Secondary School, Pali, District Korba Chhattisgarh. --- Respondents And WPS No. 1227 of 2022 1 - Kaushal Prasad Kulmitra, S/o Jagannath Prasad Aged About 56 Years Presently Working As Lecture At Govt. Higher Secondary School, Darri, Camp Korba, District- Korba (C.G.) 2 - Mansay Lahre S/o Anand Ram Lahre Aged About 55 Years Presently Working As Lecture At Govt. Higher Secondary School At Rampur PWD, Korba, District- Korba (C.G.) 3 - Bajrangi Prasad Verma S/o Bisauha Ram Verma Aged About 55 Years Presently Working As Lecture At Govt. Boys Higher Secondary School At Balco, District- Korba (C.G.) Digitally signed by RAMESH KUMAR VATTI Date: 2026.08.25 10:59:02 +0530 2 4 - Bhikham Prasad Nirala S/o Pilau Ram Nirala Aged About 56 Years Presently Working As Lecture At Govt. Higher Secondary School At Sonpuri, District- Korba (C.G.) 5 - Kripal Ram Dahariya S/o Kodu Ram Dahariya Aged About 55 Years Presently Working As Lecture At Office Of District Education Officer, District- Korba (C.G.) 6 - Smt. Anima Prasad W/o Kuleshwar Prasad Aged About 57 Years Presently Working As Lecture At Govt. Higher Secondary School At Phulsari, District- Korba (C.G.) ---Petitioners Versus 1 - State Of Chhattisgarh Through- Secretary, School Education Department Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Director Directorate, Public Instructions, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 3 - Joint Director School Education Department, Bilaspur, District- Bilaspur (C.G.) 4 - Assistant Commissioner Tribal Development, Korba, District- Korba (C.G.) 5 - District Education Officer Korba, District- Korba (C.G.) 6 - Padum Kumar Sahu Presently Working As Lecturer (Maths), Govt. Higher Secondary School, Pali, District- Korba (C.G.) --- Respondents And WPS No. 1276 of 2022 1 - Jagdev Prasad Patre S/o Ritu Ram Patre Aged About 56 Years Presently Working As Lecture At Govt. Higher Secondary School, Rampur PWD, Korba, District Korba, Chhattisgarh 2 - Smt. Suman Mishra W/o Satyaprakash Mishra Aged About 56 Years Presently Working As Lecture At Govt. Higher Secondary School, Rampur PWD, Korba, District Korba, Chhattisgarh 3 - Santram Madhukar S/o B.R. Madhukar Aged About 56 Years Presently Working As Lecture At Govt. Higher Secondary School, Bhaisma, District- Korba, Chhattisgarh 4 - Janak Ram Maheshwari S/o Bhajan Ram Maheshwari Aged About 52 Years Presently Working As Lecture At Govt. Higher Secondary School, NTPC Korba, District- Korba, Chhattisgarh 5 - Ku. Rajkumari Dahariya D/o Late Heera Lal Dahariya Aged About 52 Years Presently Working As Lecture At Govt. Higher Secondary School, Padaniya, District- Korba, Chhattisgarh 3 6 - Subhas Chandra Dadsena S/o Tej Ram Dadsena Aged About 52 Years Presently Working As Lecture At Govt. Higher Secondary School, Balco, District- Korba, Chhattisgarh 7 - Lakhan Lal Banjare S/o Ghasi Ram Banjare Aged About 49 Years Presently Working As Lecture At Govt. Higher Secondary School, Boida, District- Korba, Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh 2 - Director, Directorate, Public Instructions, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh 3 - Joint Director, School Education Department, Bilaspur, District- Bilaspur, Chhattisgarh 4 - Assistant Commissioner, Tribal Development, Korba, District- Korba, Chhattisgarh 5 - District Education Officer, Korba, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh 6 - Satyanarayan Shiv, Presently Working As Lecturer ( Chemistry), Govt. Girls Higher Secondary School, Katghora, District- Korba, Chhattisgarh --- Respondents And WPS No. 9047 of 2022 1 - Makhan Lal Yadav S/o Rasiya Prasad Yadav Aged About 60 Years At Present Posted And Working At Girls Higher Secondary School, Sada, Korba, District : Korba, Chhattisgarh 2 - Bharat Lal Yadav S/o Tilak Ram Yadav Aged About 61 Years At Present Posted And Working At Higher Secondary School, Ramgarh, District : Janjgir-Champa, Chhattisgarh 3 - Amar Lal Dahariya S/o Rampal Dahariya Aged About 55 Years At Present Posted And Working At Government Middle School Sukharikala, Dist. Korba, Chhattisgarh 4 - Smt. Mamta Yadav W/o Makhal Lal Yadav Aged About 54 Years At Present Posted And Working At Government High School Salora, Dist. Raigarh, Chhattisgarh 5 - Ishwar Prasad Mahto S/o Shiv Prasad Mahto Aged About 55 Years At Present Posted And Working At Government Higher Secondary School Korba, Dist. Korba, Chhattisgarh 6 - Narad Prasad Bareth S/o Kanhaiya Lal Bareth Aged About 52 Years At Present Posted And Working At Government High School Chirra, Dist. Janjgir- Champa, Chhattisgarh 4 ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Nawa Raipur, Dist.Raipur, Chhattisgarh 3 - Joint Director School Education Department, Bilaspur, District Bilaspur, Chhattisgarh 4 - Assistant Commissioner Tribal Development, Korba, District Korba, Chhattisgarh 5 - Assistant Commissioner Tribal Development, Raigarh, District Raigarh, Chhattisgarh 6 - Assistant Commissioner Tribal Development, Janjgir, District Janjgir- Champa, Chhattisgarh 7 - District Education Officer Korba, District Korba, Chhattisgarh 8 - District Education Officer Raigarh, District Raigarh, Chhattisgarh 9 - District Education Officer Janjgir, District Janjgir-Champa, Chhattisgarh 10 - Satyanaryan Shiv Presently Working As Lecturer, Government Higher Secondary School Katghora, District Korba, Chhattisgarh 11 - Dhanendra Singh Rajput Presently Working As Lecturer, Government Higher Secondary School Rampur, District Korba, Chhattisgarh --- Respondents For Petitioners : Mr. Yogesh Kumar Chandra, Advocate For State For respondent No. 6 : : Mr. Vivek Siddharth Ojha, Panel Lawyer Mr. K.P. Sahu, Advocate in WPS No. 1045/2022; WPS No. 1227/2022 & WPS No. 1276/2022 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 24/08/2026 1. The petitioners have filed these petitions seeking the following reliefs :- WPS No. 1045/2022; WPS No. 1227/2022 & WPS No. 1276/2022: “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to set aside the impugned gradation list (Annexure P/1). 5 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the petitioner for promotion to the post of Principal, Higher Secondary School. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” WPS No. 9047/2022: “10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to set aside the impugned gradation list (Annexure P/1). 10.2 That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 02-02-2021 (Annexure P-7), which is adversely affecting the petitioners. 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the petitioners for promotion to the post of Principal, Higher Secondary School. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2. Mr. Yogesh Kumar Chandra, learned counsel appearing for the petitioners would contend that initially the petitioners were appointed to the post of Lower Division Teacher under the respondent authorities on different dates and they joined their services on different dates. 3. Learned counsel for the petitioners would contend that the private respondents were appointed subsequently in the year 1987, 1996 and 1998. He would submit that gradation list was published, wherein names of the petitioners were kept above the private respondents and in gradation list of 2011 with effect from 07.10.2008, the private respondents were granted seniority above the petitioners. He would contend that subsequently the private respondents were promoted to the next higher post, whereas the petitioners were considered for promotion to the post of Lecturer in the year 2017. He would contend 6 that the private respondents have been considered for promotion to the post of Principals etc. and due to wrong and incorrect gradation list, the petitioners have not been considered for promotion along with the private respondents. He would contend that the petitioners may be permitted to make detailed representation(s) before the respondent No. 2 and in turn, the said authority may be directed to decide it expeditiously strictly in accordance with law. 4. On the other hand, learned counsel appearing for the respective respondents would oppose. 5. Mr. Vivek Siddharth Ojha, learned Panel Lawyer appearing for the State would submit that the petitioners have claimed seniority with effect from 02.07.2008 by filing these petitions in the year 2022. He would contend that the petitions filed by the petitioners is hit by principles of unexplained delay and laches. He would further contend that the private respondents have already been promoted to the higher posts and the seniority list cannot be upset after lapse of 18 years. He would submit that these petitions deserve to be dismissed. 6. Mr. K.P. Sahu, learned counsel appearing for respondent No. 6 in WPS No.1045/2022; WPSNo.1227/2022 & WPSNo.1276/2022 would support the contention made by Mr. Vivek Siddharth Ojha. 7. I have heard learned counsel for the parties and perused the documents. 8. Having considered the limited prayer made by Mr. Yogesh Kumar Chandra, these petitions, at this juncture, are disposed of reserving liberty in favour of the petitioners to make detailed representation(s) before the respondent No.2 and in turn, the said authority is directed to decide representation(s) so made by the petitioners strictly in 7 accordance with law within a period of 150 days from today. It is also expected that the claim of the petitioners with regard to promotion shall also be considered by the respondent No. 2 strictly in accordance with law. 9. It is made clear that this Court has not expressed any opinion on the merits of the case. 10. With the aforesaid direction(s) / observation(s), these petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti