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2026 DAILYLAW 3627 (CHH)

ANIL KUMAR YADAV v. STATE OF CHHATTISGARH

WPS/828/2022 · 2026-04-05

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:15526 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 828 of 2022 1. Anil Kumar Yadav S/o Shri Laxman Singh Yadav Aged About 45 Years Working As Peon, Govt. Middle School, Dimrapal, Block- Tokapal, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2. Suklo Ram S/o Shri Konda Ram Sinha Aged About 54 Years Working As Peon, Govt. Middle School, Piplawand, Block And District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 3. Shyam Sunder S/o Late Nar Singh Aged About 44 Years Working As Peon, Govt. Higher Secondary School, Potanar, Block- Tokapal, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 4. Patiram Maurya S/o Late Manglu Ram Maurya Aged About 46 Years Working As Peon, Govt. Higher Secondary School, Sireesguda, Block- Tokapal, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 5. Bigan Ram S/o Late Paklu Aged About 51 Years Working As Peon, Govt. Higher Secondary School, Bakawand, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 6. Mohan Singh Bhandari S/o Late Kanwal Singh Bhandari Aged About 55 Years Working As Peon, Govt. Girls Higher Secondary School, Bastar, Block And District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 7. Laxman Bharti S/o Late Lalit Bharti Aged About 46 Years Working As Peon, Govt. Girls Higher Secondary School, Bastar, Block And District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh Digitally signed by AJINKYA PANSARE Date: 2026.04.07 10:58:11 +0530 2 8. Budaru Ram Maurya S/o Late Ludu Ram Maurya Aged About 48 Years Working As Peon, Govt. Girls Higher Secondary School, Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 9. Raibaru Ram Kashyap S/o Late Jagder Ram Kashyap Aged About 55 Years Working At Peon, Govt. Middle School, Keshloor, Block Tokapal, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2. Secretary, Department Of Scheduled Caste And Scheduled Caste And Scheduled Tribe Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3. Director Of Public Instructions, C-Wing, First Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 4. Joint Director, Education Division, Bastar, Jadgalpur, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 5. District Education Officer, Bastar, Jagdalpur, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Petitioner : Mr. N. Naha Roy, Advocate For State : Mr. Amandeep Singh, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 6.4.2026 1) By way of this petition, petitioner have sought following reliefs :- 10.1Issue an appropriate writ in the nature of Mandamus and direct the respondents to consider the cases of the petitioners for promotion from the post of Peon to that of Assistant Grade-III in the same terms as has been considered for the similarly situated 3 persons, as explained hereinabove. 10.2 Grant any other relief, which is deemed fit in the circumstances of the case. 2) Learned counsel appearing for the petitioners submits that petitioners who working as daily wage laborers under respondent- department were regularized vide order dated 8.9.2008. He further submits that respondent authorities have issued promotion orders on 29.4.2015, 20.4.2018, 1.10.2018 and 22.5.2020 whereby similarly situated persons have been promoted to the post of Assistant Grade-III but names of petitioners have not been considered for promotion. He contends that petitioners made a joint representation before respondent authorities in this regard but till date, same has not been decided. He further contends that Deputy Director, Directorate of Public Instruction also sought instruction with respect to petitioners’ case from Joint Director, Directorate of Public Instruction and District Education Officer, Bastar vide letters dated 7.7.2021 and 26.8.2021 but no heed was paid. He prays that a direction may be issued to respondent authorities to consider the names of petitioners for promotion. 3) On the other hand, learned State counsel would oppose. 4) I have heard learned counsel for the parties and perused the material available on record. 5) Taking into consideration the fact that similarly situated daily rated 4 laborers who were regularized by the respondent-department have already been promoted to the post of Assistant Grade-III but names of petitioners have not been considered for promotion, therefore this petition is hereby being disposed reserving liberty in favor of petitioners to make fresh representation(s) at the earliest before the Director, Directorate of Public Instruction, Joint Director, Directorate of Public Instruction and DEO, Bastar (respondents No. 3, 4 and 5 herein), who in turn are directed to consider and decide such representation(s), if so moved by petitioners in objective manner, preferably within a period of 120 days from the date of receipt of copy of such representation(s). 6) With the aforesaid direction, this petition stands disposed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a