Digitally signed by 2026:CGHC:7210 SHAYNA KADRI AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8981 of 2023

1 - Chhattisgarh Engineers Welfare Association A-119, Swarn Bhumi Colony, Amasivani, Vidhansabha Road, Raipur C.G.. Through The Chairman, Jaiveer Singh Sengar S/o Late Shri Suryabali Singh Sengar, Aged 53 Years, R/o Swarn Bhumi Colony, Amasivani, Vidhansabha Road, Raipur C.G.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar (C.G.)

2 - The Under Secretary Public Works Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar (C.G.)

3 - Chhattisgarh Public Service Commission Through The Secretary, Shankar Nagar, Raipur (C.G.)

4 - Engineer-In-Chief Public Works Department, Nirman Bhawan, North Block, Sector-19, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 5 - Shri Nagesh Kumar Jayant Superintendent Engineer, Public Works Department Currently Posted At The Office Of The Chief Engineer Public Works Department (B/r) Surguja Zone, Ambikapur, C.G.

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Shantam Awasthi, Advocate For State : Mr. Sangharsh Pandey, Govt. Advocate For CGPSC : Dr. Sudeep Agrawal, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

09/02/2026

1. The present writ petition is being filed seeking following reliefs:-

“i. To kindly call for the records of the case from the respondents.

ii. To kindly quash the impugned communication dated 21/08/2023 issued by the respondent no. 02.

iii To kindly direct the respondents to cancel the promotion of the private respondent on the post of Executive Engineer w.e.f. 2005 and the post of Superintendent Engineer w.e.f. 2010 as the same is unconstitutional, illegal and not sustainable in the eye of law.

iv. To kindly direct the respondents to not proceed with the further promotion of the private respondent to the post of Chief Engineer w.e.f. 2020.

v. To kindly direct the respondents to consider the representation of the petitioner association in support of the representations of the Chief Engineers and Superintendent Engineers.

vi. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. The facts of the case, in brief, are that the petitioner is a registered association working for the welfare and service interests of engineers employed in various departments of the State of Chhattisgarh, and is therefore competent to invoke the fundamental rights guaranteed under Part III of the Constitution of India on behalf of its members, who, according to the petitioner, have been bypassed and prejudiced by the respondent authorities by extending undue, arbitrary and illegal benefits to the private respondent. The private respondent, Shri Nagesh Kumar Jayant, was initially appointed in the year 1992 as an Assistant Engineer under the Scheduled Caste category in the erstwhile State of Madhya Pradesh and, upon reorganisation of the State, came to be allocated to the State of Chhattisgarh along with the concerned department and cadre; however, it is alleged that since the inception of his service career he has been embroiled in serious disputes with the department and has faced multiple departmental enquiries, some of which culminated in final orders, even after his allocation to Chhattisgarh. In the year 2003, ad-hoc promotions were granted owing to non-finalisation of promotion rules, and thereafter a Departmental Promotion Committee (DPC) meeting dated 20.12.2005 was convened for confirmation/regularisation of ad-hoc promotions from Assistant Engineer to Executive Engineer, wherein, as per the roster, 12 posts were available for the unreserved category, 4 for Scheduled Tribe and 2 for Scheduled Caste; notwithstanding this, the private respondent’s name appeared at the third position in the Scheduled Caste select lis