2026:CGHC:1971-DB Digitally signed by ANURADHA ANURADHA TIWARI NAFR TIWARI Date:

2026.01.14

10:39:32 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 245 of 2024 Anil Kumar Verma S/o Shri Shyam Lal Verma Aged About 52 Years Occupation - Service, R/o 52 J.P. Vihar Colony Mangla Tahsil And Revenue District Bilaspur (C.G.), Pin 495001 ... Petitioner versus

1 - State of Chhattisgarh Through - The Joint Secretary Department Ministry of Home Nava Raipur Atal Nagar Raipur (C.G.) Civil And Revenue District Raipur (C.G.), Pin 492001

2 - The Director Directorate Sainik Welfare, Chhattisgarh Motibag Road Shastri Chowk Raipur Civil And Revenue District Raipur (C.G.), Pin

492001

3 - District Sainik Welfare Officer District Sainik Welfare Office, Collectorate Parisar, Raigarh Civil And Revenue, District Raigarh, Pin

496001

4 - B. Ravi S/o B. Balram Aged About 53 Years Post - Assistant Grade- 1, Office of Directorate Sainik Welfare, Chhattisgarh Motibag Road Shastri Chowk Raipur Civil And Revenue District Raipur (C.G.), Pin -

492001 ... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Srinivas Rao, Advocate For State/Respondents : Mr. Prasun Kumar Bhaduri, Deputy No.1 to 3 Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

13.01.2026

1. Heard Mr. Srinivas Rao, learned counsel for the petitioner as well as Mr. Prasun Kumar Bhaduri, learned Deputy Advocate General, appearing for the State/respondents No.1 to 3.

2. The petitioner has filed the instant petition with the following reliefs :-

“10.1. That, the Hon'ble Court may kindly be pleased to quash the impugned amended notification dated 19.01.2021 Annexure-R/1. The respondent no.2 refer to the amend the notification in favour of respondent no. 4, the respondent no. 4 working as Assistant Grade-1 at Raipur under the respondent no.2.

10.2 That the Hon'ble Court may kindly be pleased to call the entire record pertaining to the case of the petitioner.

10.3 That, the Hon'ble Court may kindly be pleased to direct the respondents to consider the name of the petitioner for the promotion on the post of Section officer as the amended rule is not applicable in the petitioner's case, the petitioner completed five years service in the year 2018.

10.4 Any other relief or relief as the Hon'ble Court may kindly deem fit and proper.”

3. Brief facts of the case, in a nutshell are that the respondent authorities i.e. respondents No.1 to 3 issued a direct recruitment advertisement on 14.05.2012 (Annexure-P/2) in accordance with the then-prevailing Service Rules dated 12.02.1988. Pursuant thereto, the petitioner was temporarily appointed under the Ex- Serviceman quota to the post of Superintendent in the pay scale of ₹5200–20200 with Grade Pay ₹2800 on 23.09.2013 and joined service on 01.10.2013 at the District Sainik Welfare Office, Jagdalpur, a notified tribal area. After completion of the prescribed training period of two years, the petitioner was confirmed in service vide order dated 15.12.2015 (Annexure-P/5). The petitioner continuously served at Jagdalpur for about nine years in a tribal area and was thereafter transferred to Raigarh vide order dated 26.10.2022, where he is presently working as Superintendent, District Sainik Welfare Office, Raigarh (C.G.). The petitioner has completed more than ten years of regular service on the post of Superintendent.

4. As per the unamended service rules, eligibility for promotion to the post of Section Officer required completion of five years’ service, including four years’ service in a tribal area, on the post of Superintendent. The petitioner fulfilled all the said eligibility conditions by the year 2018. Despite this, the respondents mala- fidely amended the service rules vide notification dated 19.01.2021. Although one post of Section Officer remains vacant till date, the respondents have failed to convene the Departmental Promotion Committee and ha