Digitally 2026:CGHC:507 signed by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2630 of 2023

1 - B.K. Sharma S/o Shri J.L. Sharma, Aged About 69 Years R/o Mukut Nagar, Raipur, District : Raipur, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh

2 - The Director, Public Instructions, Chhattisgarh, H.Q. - Indrawati Bhawan, Phase - Iii, 1st Floor, Nawa Raipur, Atal Nagar, District :

Raipur, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Ms. Juhi Anguriya, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

05/01/2026

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining the concerning matter.

10.2 The Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondents to quash the impugned order, dt. 10/02/2023 [Annexure-P/1]

10.3 The Hon'ble Court may kindly be pleased to direct respondent authorities to consider the name of the petitioner for promotion on the post of Senior Auditor w.e.f. 01/02/2005 and the further, on the post of Accounts Officer w.e.,f. 01/02/2010.

10.4 The Hon'ble Court may kindly be pleased to direct respondent authorities for grant of arrears of pay and allowances with all consequential benefits of services.

10.5 The Hon'ble Court may kindly be pleased to allow any other relief as deem fit and proper with cost of petition.”

2. Facts of the case, in a nutshell, are that the petitioner was initially appointed to Government service on the post of Lower Division Clerk in the School Education Department by order dated 25.01.1977. During the course of his service, he earned promotions from time to time on the basis of his seniority, experience and eligibility. In the month of August, 1989, the petitioner was promoted to the post of Accountant and thereafter, in July, 1995, he was further promoted to the post of Upper Division Clerk. Thus, the petitioner continuously served the Department on promotional posts for several years without any adverse remark against him. Subsequent to the reorganization of the erstwhile State of Madhya Pradesh and the formation of the new State of Chhattisgarh in the year 2000, the Office of the Directorate of Public Instructions was established. For the purpose of staffing the newly created office, the petitioner, along with several other employees of the School Education Department, was posted to the said office in the year 2000. Thereafter, the services of the petitioner and other similarly situated employees, who were originally borne on the School Education Department, were formally absorbed in the Office of the Directorate of Public Instructions vide order dated 25.07.2003, with retrospective effect from 01.11.2000, by taking into account their entire previous service period. However, to the utter shock and prejudice of the petitioner, the said absorption order dated 25.07.2003 was abruptly cancelled by a subsequent order dated 01.09.2003. Aggrieved by the arbitrary cancellation of the absorption order, the petitioner along with other affected employees approached this Court by filing writ petitions bearing W.P. No. 4059/2003 and W.P. No. 4060/2003. After hearing the parties at length, the Court was pleased to allow the writ petitions and, vide order dated 13.12.2017, set aside the cancellation order dated 01.09.2003 and restored the original absorption order along with all consequential service benefits. In compliance with the aforesaid judgment of the Court, the respondent No. 1 passed an order dated 04.01.2019, whereby the cancellation of the absorption order was quashed and the absorption order dated 25.07.2003 was restored. Despite restora