1 2026:CGHC:8734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4716 of 2021 Smt. Imla Jurri W/o Ishwar Jurri Aged About 38 Years Working As Peon, Middle School, Modakpalli, Block- Bhopalpatnam, District- Bijapur (C.G.), District : Bijapur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, Nawa Raipur (C.G.), District : Raipur, Chhattisgarh. 2 - The Commissioner Bastar Division, Jagdalpur, District- Bastar (C.G.), District : Bastar(Jagdalpur), Chhattisgarh. 3 - The Collector District- Bijapur (C.G.), District : Bijapur, Chhattisgarh. 4 - The District Education Officer District- Bijapur (C.G.0, District : Bijapur, Chhattisgarh. 5 - The Block Education Officer District- Bijapur (C.G.), District : Bijapur, Chhattisgarh. 6 - Smt. Subhadra Talandi Working As Assistant Grade- 3, Govt. Girls Shiksha Parisar, Bijapur, Block- Bijapur, District- Bijapur (C.G.), District : Bijapur, Chhattisgarh. ... Respondents For Petitioner : Mr. Kishan Kumar Sonkar, Advoate holding brief of Mr. K. K. Pandey, Advocate For Respondents : Mr. Vivek Siddharth Ojha, Panel Lawyer 2 Hon'ble Shri Justice Sachin Singh Rajput Order On Board 18/02/2026 1. The present writ petition has been filed by the petitioner with the following prayer:- “10.1. That this Hon’ble court may kindly be pleased to call the record of case. 10.2. That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby setting aside/quashing the impugned order dated 27.01.2021 (Annexure p/1) so far it relates to promotion of respondent No. 6 and further be pleased to direct the respondent authorities to grant promotion to the petitioner on the post of Assistant Grade- 3 with effect from 27.01.2021 with all consequential benefits, in accordance with law. 10.3. That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner submits that the petitioner is working as Peon with the respondent in Government High School, Cherpalli. She joined the services on 17.08.2012. The petitioner belongs to scheduled tribe community and is a disabled lady extending upto 48%. It is submitted that the respondent No. 6 is also belongs to scheduled tribe community and is disabled extending upto 30%. He further submits that the respondent No. 6 was promoted on the post of Assistant Grade-III under Handicapped quota vide impugned order dated 27.01.2021 (AnnexureP/1). As per provision contend in The Persons with Disabilities(Equal Opportunities, Protection of Rights and Full 3 Participation) Act, 1995, the persons having 40% disability can only avail the benefits under the handicapped quota for appointment and promotion. The respondent No. 6 being only 30% disability was not entitled to be promoted. The claim of the petitioner was ignored by the respondent authority and the benefit of promotion was extended to respondent No. 6 thus, this writ petition seeking above stated relief has been filed. 3. Per contra, learned counsel for the State submits that the promotion order of the respondent No. 6 was cancelled by the State Government vide order dated 11.05.2020 R/3 and he was demoted on the post of peon. He submits that an enquiry was conducted in this respect and on the basis of the enquiry report submitted by the Enquiry Officer i.e. Deputy Collector, District Beejapur, the order of cancellation of promotion of respondent No. 6 was passed. Learned counsel for the State further submits that as per instruction received, respondent No. 6 has not challenged the cancellation of her promotion order. Apart from this he submits that the petitioner is not entitled for promotion as from the gradation list of the office of District Education Office, District Beejapur (C.G.), the petitioner is not shown to be a candidate of disabled category thus this writ petition may be dismissed. 4. Be that as it may, as the promotion order of respondent No. 6 has already been cancelled, the first relief with regard to cancellation of the promotion order of respondent No. 6 does not survive. However, for seeking promotion on the post of Assistant Grade-III, it is directed that the respondent authority shall consider the case of the petitioner for promotion on the post of Assistant Grade-III in accordance with law and if she is found suitable in all other respect, passed appropriate order. This exercise be done within a period of 90 days from the date of receipt of copy of this order. 4 5. With this observation(s)/direction(s), this writ petition is disposed of. 6. All pending interlocutory application(s) if any, are disposed of. No costs. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.02.26 18:07:12 +0530