The main legal point established in the judgment is the requirement to afford natural justice and consider executive instructions in administrative decisions, particularly in cases of demotion or promotion of employees.

ORDER :

1. The petitioner has filed this petition under Article 226 of the Constitution of India being aggrieved by the order dated 22.01.2014 (Annexure P/9) issued by Respondent No.2, whereby the petitioner has been demoted to the post of Hammal (contingency fund) from Skilled-Attendent.

2. Brief facts of the case, as projected by the petitioner, are that on 28.01.1987, the petitioner was appointed as Helper on adhoc basis in the respondent Department by order No./ Estt-2/87 (Annexure P/1) and on 31.03.1990, by Order No/.../Govt. Poly. Durg/Estt/90/1106 (Annexure P/2), the petitioner was regularized as Hammal/Porter. Thereafter, vide order No/Tech/Govt. Poly. Durg/Estt/ 98/3877, dated 12.08.1998 (Annexure P/3), the petitioner was declared permanent employee of the Department. During the service period, looking to the seniority of the petitioner, he was promoted to the post of Skilled-Attendant vide order dated 08.09.2006 (Annexure P/4). According to the petitioner, he was promoted as Skilled-Attendatn by Shri D.P. Nayak, Govt. Polytechnic Durg, who retired from service after attaining the age of superannuation and after his retirement, the promotion order issued by him was cancelled and vide order dated 09.02.2012 (Annexure P/5), the petitioner was demoted to the post of Hammal. The demotion order dated 09.02.2012 was challenged by the petitioner before this Hon’ble High Court in writ petition bearing W.P.(S) No.743/2013 and this Hon’ble High Court, vide order dated 17.02.2012 (Annexure P/6), allowed the petition and set-aside the demotion order. Thereafter, again the Respondent No.2 issued order dated 22.01.2014 (Annexure P/9) demoting the petitioner to the post of Hammal, which is under challenged in this petitioner.

3. Learned counsel for the petitioner submits that the petitioner did not get single promotion till 12.08.1998, thereafter, vide order dated 08.09.2006, he was promoted as Skilled-Attendant by Shri D.P. Nayak, Principal, who retired from service w.e.f. 20.03.2008. In the meanwhile, the petitioner had acquired all the requisite qualification with due permission of Respondent No.2 but he was reverted vide order dated 09.02.2012 (Annexure P/9), which was set aside by this Hon’ble High Court in W.P.(S) No.743/2012. Learned counsel further submits that petitioner’s demotion vide impugned order dated 22.01.2014 (Annexure P/9) is violative of Article 14 and 16 of the Constitution of India. Learned counsel further submits that the petitioner neither concealed the fact of any antecedents nor he had practiced any fraud, as such, his demotion is opposed to every canons of law equity and justice.

4. Reliance has been placed on the decision dated 22.08.2023 of this Court in WPS No.742/2012 [In the matter of Madan Lal Sahu vs. State of C.G. & Ors.].

5. On the other hand, learned State counsel strongly opposed the prayer of the petitioner and submits that in compliance of order dated 22.08.2023 passed in W.P.(S) No.742/2012 by this Court, a notice was issued to the petitioner on 19.06.2012, which has been replied by the petitioner vide letter dated 28.06.2012 (Annexure R/2). Learned State counsel further submits that in compliance of this Court’s order dated 17.02.2012, the case of the petitioner has been examined in accordance with law. The petitioner has failed to produce any document regarding his eligibility for being promoted to the post of Skilled Attendant. Thus, the impugned order dated 22.01.2014 (Annexure P/9) has been passed in accordance with law and after providing due opportunity of hearing to the petitioner. Learned counsel also submits that the respondents/State has initiated Departmental Enquiry against the erring officer namely D.P. Nayak, the then Principal, which is pending consideration before the Commissioner, Departmental Enquiry, Raipur. Learned counsel also submits that as per Chhattisgarh Technical Education Tritiya Shreni (Alipikiya Vargiya) Seva Bharti Niyam, 2005, for the post of Skilled Attendant the