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2025 Supreme(Online)(Chh) 17878

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GIRISH KUMAR TIWARI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
REVP/395/2025



2025:CGHC:58706 Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL Date:

2025.12.10

18:26:13 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 395 of 2025

1 - Girish Kumar Tiwari S/o Shri Parikrama Tiwari Aged About 43 Years R/o Nehru Ward No. 04, New Ledri Tahsil Manedragarh District- Manendragarh Chirmiri Bharatpur (C.G.)

2 - Amir Kumar Patle S/o Late Shri Atmaram Patle Aged About 35 Years R/o Pre- Matric St Boys Hostel Manedragarh Tahsil Manedragarh, District Manendragarh Chirmiri Bharatpur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary Tribal Welfare Department Mahanadi Bhavan, Mantralaya Police Station And Post Rakhi Atal Nagar, Nawa Raipur District - Raipur (C.G.)

2 - Under Secretary Tribal Welfare Department Mantralaya, Mahanadi Bhavan Naya Raipur District- Raipur (C.G.)

3 - Commissioner Scheduled Caste And Scheduled Tribe Welfare Department Block -D, Ground Floor Indrawati Bhavan Naya Raipur District - Raipur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Shivang Dubey, Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

03.12.2025

1. The present review petition has been filed by the petitioners for reviewing the order dated 03.09.2025 passed by this Court in WPS No. 10350/2025. The review petitioners had filed a Writ Petition (S) No. 10350/2025, challenging the order dated 10.06.2025 issued by respondent No. 2 – Under Secretary, Tribal Welfare Department, Raipur and consequently, for quashing of the entire counseling proceeding being conducted pursuant thereto. The writ petition was also filed for a direction to the respondent authorities to conduct counseling proceeding for Hostel Superintendent (Grade-C) afresh at State level for total 1732 posts including 755 posts on which, teachers are working as incharge Hostel Superintendent (Grade-C). After hearing the parties, the writ petition filed by the review petitioners were dismissed vide order dated 03/09/2025. After considering the entire facts and circumstances of the case as well as in view of the facts that a similar WP(S) No. 5958/2025 (Vijay Kumar Yadu & others Vs. State of C.G. & others) has already been decided vide order dated 02.07.2025 and the issue involved in the WPS No.

10350/2025 were identical to that WPS No. 5958/2025.

2. The brief facts of the writ petition was that the petitioner No. 1 was appointed on 10-11-2015 and the petitioner No. 2 was appointed on 19-03-2015, to the post of Hostel Superintendents (Grade-D). The petitioner No. 1 was promoted on 22-07-2022, and the petitioner No. 2 was promoted on 30-06- 2023 to the post of Hostel Superintendent (Gade-C). The respondent No. 2 issued an order on 10-06-2025 for conducting counselling of the Hostel Superintendent (Grade-C) for the purposes of their posting. By the order dated 10-06-2025, a three-level committee has been constituted by the State Government for the posting of the promoted Hostel Superintendents. The petitioners made their representation on 13-06-2025 to the respondent No. 2, but no action has been taken on the representation till date. Hence, the writ petition was filed.

3. The review petitioners have filed the review petition claiming for the setting aside the order dated 03.09.2025 passed in WPS No. 10350/2025, setting aside of the promotion orders of the Class-C employees passed in violation of State circular dated 03.06.2025 (Annexure-A/7 and A/11) and also for a direction to the Respondent No. 3 to give posting to the petitioners in non-

scheduled area in State level counseling.

4. Learned counsel for the review petitioners would submit that the petitioners were promoted to the post of Hostel Superintendent (Grade-C) in the year 2022-23 and they were discharging their duties at Dist- Manendragarh- Chirmiri-Bharatpur. The next promotional post of Hostel Superintendent (Grade-C) is 100 % promotional posts, however, vide circular dated 03.06.2015, the State Government prescribed that no person shall be considered for promotion until

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