1 2026:CGHC:20009 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8339 of 2022  Deepak Kumar Sahu S/o Shri Khemuram Sahu Aged About 43 Years Posted As Skilled Assistant At Uday Prasad, Uday Government Polytechnic Durg, District : Durg, Chhattisgarh ... Petitioner versus 1. The State Of Chhattisgarh Through The Secretary, Technical Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2. Director-Cum-Commissioner, Directorate, Technical Education Indrawati Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3. Principal, Uday Prasad Uday Government Polytechnic, Durg, District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Roop Ram Naik, Advocate For State : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.04 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ to quash/set- aside the impugned order dated 30-03-2022 (P-1) issued by the respondent No.2. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ /order/ direction against the respondent authorities to create new setup for the post of Instructor in the Uday Government Polytechnic Durg and grant the promotion to the petitioner on the post of Instructor from 2018. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.30 17:11:07 +0530 2 10.3 That, any appropriate writ, direction or order may kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner was appointed on the post of Skilled Assistant on 30.08.2013. He would further submit that after completion of five years of service, the petitioner became eligible for promotion to the post of Instructor, but the set-up was revised, and in the revised structure, no post has been sanctioned for Instructor at Government Polytechnic College, Durg. He would submit that WPS No. 1740 of 2022 was filed by the petitioner and same was disposed of directing the respondent No. 2 to take decision with regard to creation of post of Instructor in the institution. He would submit that vide impugned order dated 30.03.2022, respondent No. 2 rejected the claim of the petitioner on the ground that the process to create post of Instructor in the set-up is pending consideration. He would pray to set-aside the order dated 30.03.2022(Annexure P/1). 3. On the other hand, learned counsel for the State would oppose. He would submit that two member committee was constituted on 06.01.2021 and its report was forwarded for necessary amendment and incorporation in Chhattisgarh Technical Education Class III (Non-Ministerial) Service Recruitment Rules, 2005 (for short “Rules, 2005”). He would further submit that vide letter dated 21.11.2022 a communication has been made by respondent No. 2 for creation of post of Instructor in the setup. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. In the order dated 16.03.2022 passed in WPS No. 1740 of 2022 following 3 observations was made :- “4. Given the limited relief that the petitioner seeks for, the writ petition as of now stands disposed of directing the respondent No.2 to immediately take a decision on Annexure P/5 and P/6 dated 09.02.2015 and 03.01.2022 respectively in respect of the creation of post of Instructor in the Government Polytechnic College, Durg. Let an appropriate decision be taken in this regard within an outer limit of four months from the date of receipt of copy of this order.” 6. The matter was referred to the State Government to take decision with regard to creation of post of Instructor in the set-up of Rules, 2005. Said communication was made as per the note sheet dated 06.10.2021, but till date no decision has been taken. 7. Taking into consideration the fact that the petitioner, who is working on the post of Skilled Assistant has not been considered for promotion till date though he was appointed on 30.08.2013 under the respondent No. 3; therefore, the respondent No. 1 is directed to take immediate decision on communication made by respondent No. 2 as per the note sheet dated 06.10.2021 within a period of 120 days from the date of receipt of copy of this order. 8. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant