1 CGHC010340802026 2026:CGHC:42389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6462 of 2026 1. Smt. Sheela Washnikar W/o Ramesh Kumar Washnikar Aged About 44 Years Posted As Assistant Teacher (L.B), Govt. Primary School Mainpurkala, Block Mainpur, District Gariyaband (Chhattisgarh) 2. Smt. Bhawana Sinha W/o Chandrashekhar Sinha Aged About 42 Years Posted As Assistant Teacher (L.B), Govt. Primary School Jhariyabahara, Block Mainpur, District Gariyaband (Chhattisgarh) 3. Surendra Kumar Patel S/o Gambhir Singh Patel Aged About 46 Years Posted As Assistant Teacher (L.B), At Govt. Primary School Gurjibhata, Block Mainpur, District Gariyaband (Chhattisgarh) 4. Narendra Kumar Yadav S/o Roopchand Yadav Aged About 43 Years Posted As Assistant Teacher (L.B), Govt. Primary School Kokdimal, Block Mainpur, District Gariyaband (Chhattisgarh) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2. Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 3. Joint Director Education Division Raipur District Raipur (C.G.) 4. District Education Officer Gariyaband District Gariyaband (C.G.) ... Respondent(s) For Petitioners : Ms. Zainab Mustafa Vanak, Advocate For State : Mr. Anil S. Pandey, G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.09.29 17:13:54 +0530 2 (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 29/09/2026 1. The petitioners have filed the present writ petition seeking direction to consider the candidature of the petitioners for promotion on the post of Head Master (Primary School) from Assistant Teacher (LB) as per promotion order dated 31.10.2022 issued by respondent District Education Officer, Gariyaband. 2. Learned counsel for the petitioners submits that the issue is no longer res integra and has already been considered and decided by this Court in WPS No. 1011 of 2023 and other connected matter vide order dated 01.04.2026. She further prays for disposal of the present writ petition in terms of order dated 01.04.2026 in WPS No. 1011 of 2023. 3. Upon consideration of the submission made by learned counsel for the petitioner and on perusal of the record, this Court finds that the controversy involved in the present writ petition is substantially identical to the issue which fell for consideration before this Court in W.P.(S) No. 1011 of 2023 and another connected matter. In the said matter, this Court, after considering the rival submissions and the applicable legal position, has recorded the following findings in paragraphs 11 to 14: “11. Considering the submissions of the parties and upon plain reading of the affidavit that neither any departmental enquiry is pending against the 3 petitioners nor any charge sheet has been issued against them as of now, then their case for grant of promotion to the post of Head Master should be considered by the respondent authorites. 12. Accordingly, respondent authorities are directed to consider the case of the petitioners for grant of promotion to the post of Head Master (Primary School) in accordance with law and the cancellation order by way of which promotion of the petitioners has been cancelled, is hereby quashed/set aside, as the same is not in accordance with law in the absence of any departmental enquiry and charge sheet issued to the petitioners or anything adverse found against the petitioners. 13. With the aforesaid observation/direction, the Writ Petitions are disposed of. 14. Petitioners are at liberty to move appropriate application in light of this order which shall be considered by the Authority on its own merits.” 4. The aforesaid findings squarely cover the controversy involved in the present writ petition. The respondent/ State has not been able to demonstrate any distinguishing feature which would warrant taking a different view in the present matter. 5. In view of the fact that the issue involved in the present petition 4 has already been considered and decided by this Court in W.P.(S) No. 1011 of 2023 & another connected matter, and there being no distinguishing circumstance warranting a different conclusion, the present writ petition also deserves to be dealt with in the same terms. 6. Accordingly, the present writ petition is disposed off in terms of order dated 01.04.2026 passed in WPS No. 1011 of 2023. SD/- SD/- (Bibhu Datta Guru) JUDGE Jyoti