NAFR Digitally VISHAKHAsigned by BEOHAR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8267 of 2023

1 - Dr. Dinesh Kumar Jain S/o Shri Pukhraj Jain Aged About 62 Years R/o 19, Kalash Awasiya Parisar, Near Lodhipara, Old Sarkanda, Bilaspur District Bilaspur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, New Mantralaya, New Raipur, Distt. Raipur (C.G.) 2 - The Principal Secretary School Education Department Mahanadi Bhawan, New Mantralaya, New Raipur, Distt. Raipur (C.G.) 3 - The Under Secretary School Education Department, Mahanadi Bhawan, New Raipur, Distt. Raipur (C.G.) 4 - The Director Driectorate Of Public Instructions, Indrawati Bhawan, Naya Raipur (C.G.) 5 - The Director State Council Of Educational Research And Training (Scert), Shanker Nagar, Raipur (C.G.) 6 - The Joint Director Of Education Ghodadana, School, Tarbahar, District Bilaspur (C.G.) 7 - The District Education Officer District Bilaspur (C.G.)

8 - The Principal Institute Of Advocate Studies In Education (Iase), Tarbahar, Link Road Bilaspur (C.G.)

... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Malay Jain, Advocate For State :- Mr. Sangharsh Pandey, G.A.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

13.02.2026

1. By way of this writ petition, the petitioner challenges the impugned order (Annexure P/1) whereby his long-standing seniority of about ten years has been arbitrarily withdrawn without granting any opportunity of hearing, resulting in denial of his promotion to the post of Principal. The petitioner was appointed as Teacher on 08.11.1985 and is working as Lecturer/Assistant Professor in IASE, Bilaspur; his seniority was corrected and fixed as on 28.01.1995 by order of this Hon’ble Court dated 10.04.2017. Despite directions dated 29.04.2022 passed in WPS No. 3053/2022 to consider his promotion within 90 days, the respondents failed to act, compelling the petitioner to file a contempt petition, whereafter the impugned order was passed. The said action is arbitrary, mala fide, violative of principles of natural justice, and contrary to Articles 14 and 16 of the Constitution of India.

2. The petitioner in the present writ petition has prayed for following reliefs:-

“10.1 This Hon'ble Court may kindly be pleased to direct the respondent authorities to release the outstanding amount (deputation allowance) to the tune of Rs. 42,96,575 /- (Forty-Two Lakh Ninety- Six Thousand Five Hundred and Seventy-Five only) for the service provided by the petitioner while on deputation in the State of C.G. from the period 2013 till 2020. (The bifurcation/details of which is enclosed herein at Annexure P/9) along with the arrears & interest.

10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be awarded to the petitioner including the cost of the petition.”

3. Facts of the case are that the petitioner was initially appointed as an ad hoc Teacher on 08.11.1985 and was subsequently regularised with effect from 09.07.1986, though his initial appointment date of 08.11.1985 was erroneously not counted for seniority by the respondent authorities. Despite acquiring requisite qualifications, including M.Sc. Mathematics, and having an unblemished service record, the petitioner’s name was repeatedly omitted from promotion orders, including the Lecturer promotion order dated 22.06.1995, compelling him to make several representations and file writ petitions before this Hon’ble Court. During the pendency of WP/480/2003, the petitioner was promoted to the post of Lecturer on 23.11.2005, though much later than his juniors, and thereafter, pursuant to further litigation, his seniority as Teacher was corrected to 08.11.1985 by order da