NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1069 of 2023 Order Reserved on: 29.10.2025 Order Delivered on: 19.11.2025 • Pitambar Bagh S/o Late Shri Satrugan Bagh Aged About 52 Years Reader Grade 1, District Court District Raipur Chhattisgarh.

... Petitioner(s)

versus

1. District Judge, Raipur District Raipur Chhattisgarh.

2. High Court Of Chhattisgarh Through Registrar General At Bilaspur Chhattisgarh.

3. State Of Chhattisgarh Through Principal Secretary Law, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

... Respondent(s)

Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Order

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records relating to this case.

10.2 That, this Hon'ble Court may kindly be pleased to allow the petition and set aside the order dated

10.01.2023 (ANNEXURE P/9) and order for grant of promotion to the petitioner on the post of Reader Grade I from the date his juniors were promoted.

10.3 That, this Hon'ble Court may kindly be pleased to allow the petition and direct the District Judge to grant 3rd Higher Pay scale as he has already completed 30 years of service

10.4 That any other relief, which this Hon'ble Court may deem fit and proper together with cost of the petition.”

2. Brief facts of the case, is that, the petitioner was initially appointed as Assistant Grade-III in the District Court Establishment on 17.08.1990, and ever since his appointment, he has rendered sincere, efficient and unblemished service, earning timely promotions during the course of his employment. At the relevant point of time, the petitioner was discharging his duties as Reader Grade-II in the pay scale of Rs. 5200–20200/- with Grade Pay Rs. 2800/-, and his name was reflected at Serial No. 1 in the gradation list of Reader Grade-II as on 01.04.2019. However, the petitioner was unfortunately subjected to a departmental inquiry on the allegation of missing record in a complaint case titled Chand Jain vs. Singh (Complaint Case No. 11818/2014). Upon conclusion of the inquiry, the District Judge, Raipur, vide order dated 20/22.10.2020, imposed upon the petitioner a penalty of withholding of two annual grade increments with cumulative effect under Rule 10(4) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966. During the pendency of the said departmental proceedings, several juniors to the petitioner were promoted from the post of Reader Grade-II to Reader Grade-I vide order dated 05.09.2020, whereas the case of the petitioner was kept under the sealed cover procedure on account of the pending inquiry. Aggrieved by the said punishment order, the petitioner preferred a departmental appeal before the Registrar General of the Hon’ble High Court, and the Hon’ble High Court, upon due consideration, was pleased to allow the appeal and set aside the punishment order dated 20.10.2020 passed by the District Judge, Raipur, vide order dated 28.07.2022. Consequent thereto, the petitioner submitted a representation dated 05.08.2022, seeking retrospective promotion from the date his juniors were promoted, i.e., 05.09.2020, along with consequential benefits of pay fixation and seniority. Subsequently, the District Judge, Raipur, granted the petitioner promotion to the post of Reader Grade-I in the pay scale of Rs. 9300–34800/- with Grade Pay Rs. 4300/-, vide order dated 05.11.2022, and the petitioner assumed charge of the promotional post on 09.11.2022. The petitioner respectfully submits that he is legally entitled to be promoted from the date on which his juniors were granted promotion, and denial of such benefit from 05.09.2020 is arbitrary, discriminatory and violative of the settled principles of service