2026:CGHC:8760-DB NAFR ROHIT KUMAR CHANDRA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ROHIT KUMAR CHANDRA WA No. 151 of 2026 Smt. Amrita Patle W/o Kapurchand Aged About 45 Years (Wrongly Mentioned As Smt. Amrita Patale In Annexure A-1), At Present Working As Aagan Badi Karyakarta, At Anganwadi Centre Kevtara-1, Tahsil Masturi, P.S. Pachpedi, District Bilaspur Chhattisgarh Resident Of Village Kevtara, Tahsil Masturi, P.S. Pachpedi, District Bilaspur Chhattisgarh ... Appellant(s)

versus

1. Smt. Komal Patle W/o Mukesh Patle Aged About 24 Years Posted As Aaganwadi Karyakarta, Anganwadi Centre Kevtara-1, R/o Village Kevtara, Tahsil Masturi, P.S. Pachpedi, District Bilaspur Chhattisgarh (Petitioner)

2. State of Chhattisgarh Through Secretary Mahila Avam Bal Vikas Department New Mantralaya Mahanadi Bhawan Raipur District Raipur Chhattisgarh (Respondent No.1)

3. Pariyojana Adhakari Akikrat Bal Vikas Masturi District Bilaspur Chhattisgarh (Respondent No.2)

4. Chief Executive Officer Janpad Panchayat Masturi, District Bilaspur Chhattisgarh (Respondent No.3)

...Respondent(s)

(Cause-title taken from Case Information System)

For Appellant : Mr. B.L. Sahu, Advocate.

For Respondent No. 1 : Mr. Rajesh Jain, Advocate.

For Respondent/State : Mr. Praveen Das, Additional Advocate General.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

19 . 02 . 202 6

1. Heard Mr. B.L. Sahu, learned counsel for the appellant. Also heard Mr. Rajesh Jain, learned counsel, appearing for respondent No.1/writ petitioner and Mr. Praveen Das, learned Additional Advocate General, appearing for the State.

2. The present intra-Court appeal has been filed by the appellant/respondent No. 4 against the order dated 21.01.2026 passed by the learned Single Judge in WPS No. 4234 of 2019 (Smt. Komal Patle vs. State of Chhattisgarh & Others), whereby the writ petition filed by the respondent No. 1/writ petitioner was disposed of.

3. Learned counsel for the appellant submits that learned Single Judge has failed to appreciate that the appellant was initially appointed and has been working honestly and diligently as an Anganbadi Sahayika since 20.07.2007 at Anganbadi Centre Kevtara-1, Tahsil Masturi, P.S. Pachpedi, District Bilaspur (C.G.), without any complaint throughout her tenure. It is contended that after completing more than 10 years of unblemished service, the appellant was entitled to be considered for promotion. However, in the year 2016, the respondent authorities issued an advertisement for fresh recruitment to the post of Anganbadi Karyakarta/Anganbadi Sahayika at the said Centre without granting promotion to the appellant. Pursuant thereto, both the appellant and respondent No.1/writ petitioner applied for the post of Anganbadi Karyakarta. Thereafter, respondent No.1/writ petitioner was selected and appointed to the said post by order dated 13.07.2017 passed by the Chief Executive Officer, Janpad Panchayat Masturi, District Bilaspur (C.G.).

4. It is further contended by the learned counsel for the appellant that learned Single Judge has further failed to appreciate that being aggrieved by the order dated 13.07.2017, the appellant preferred WPS No. 4664 of 2017 before this Court. Vide order dated 11.09.2017, this Court granted liberty to the appellant to avail the statutory remedy before the appropriate appellate authority. Accordingly, the appellant preferred an appeal before the Collector, Bilaspur, which was dismissed by order dated 02.04.2018. Thereafter, the appellant preferred an appeal before the Upper Commissioner, Bilaspur Division, Bilaspur, who allowed the appeal and set aside the order of the Collector by order dated 29.04.2019, holding that the appellant was entitled to promotion after completion of 10 years of service and that the order of the Collector was contrary to the principles of natural justice. Pursuant thereto, the appellant was appointed and has since been di