RSMHA A VAN INDKAAVRI DsRSM D21+ i 02 HA i a g 0 A g 2: t n 5 VA 3 N i e6 t 3 eI 6 N : a . D d 0 0: l K 1 A 2 by 6 A . V y 2 RI 3

2026:CGHC:8457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3273 of 2018

1 - Suresh Kumar Deshmukh S/o S/o Shri Jagdish Prasad Deshmukh, Aged About 35 Years Presently Working As Lecturer Panchayat At Govt. Higher Secondary School, Kannewada, Block And District Balod, Chhattisgarh., District : Balod, Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya P. S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2 - Chief Executive Officer, Zila Panchayat, Balod, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh ... Respondent(s)

(Cause title is taken from CIS)

For Petitioner : Mr. C. Jayant K. Rao, Advocate For State/Respondent No.1 : Mr. Vivek Siddharth Ojha, Panel lawyer For Respondent No.2 : Mr. Akash Pandey, Advocate For Intervenor : Mr. Viprasen Agrawal, Advocate Hon'ble Shri Justice Sa chin Singh Rajput

Order on Board

17/02/2026

1. Order dated 13.04.2018 (Annexure P/1) passed by respondent No.2 is under challenge in this writ petition filed under Article 226 of the Constitution of India. By the order impugned, the promotion order dated 05.04.2018 passed by the respondent No.2 in favour of the petitioner promoting him from the post of Teacher (Panchayat) to Lecturer (Panchayat) Subject – Maths was cancelled.

2. Learned counsel for the petitioners submits that at the relevant point of time, the petitioner was working as Teacher (Panchayat) in Government Pre-Secondary School, Korguda, Block - Dondi- Lohara. Vide order dated 05.04.2018 (Annexure P/3) passed by respondent No.2, he was promoted on the post of Lecturer (Panchayat) subject Maths and was posted in Government Higher Secondary School, Kannewada, Block – Balod. In compliance of the said order the petitioner vide order dated 07.04.2018 (Annexure P/4) was permitted to join the promoted post, thereby he joined his duties on the said post. Suddenly, without giving an opportunity of hearing to the petitioner, the order impugned dated 13.04.2018 (Annexure P/1) was passed by the respondent No.2 by which his promotion order was cancelled and he was reverted back to his parent institution i.e. Government Pre-Secondary School, Korguda.

3. Learned counsel for the petitioner further submits that before passing the impugned order, no opportunity of hearing or show cause was given to the petitioner. The order impugned has a civil consequences and had affected his right, thus, liable to be set- aside, on this score only. To buttress his submissions he placed reliance upon judgment of Hon’ble Supreme Court in case of Prakash Ratan Sinha vs. State of Bihar and others reported in (2009) 14 SCC 690 and order dated 04.11.2025 passed by this Court in WPS No. 1525/2023 (Jeevan Lal Verma vs. State of Chhattisgarh & Another).

4. Learned counsel for the respondents supports the impugned orders.

They submit that the petitioner was placed below in the gradation list of Teacher (Panchayat) Cadre as on 01.04.2017, when this mistake was realized, the petition’s promotion order was cancelled. However, they are not in position to dispute that before passing the order impugned, no opportunity of hearing or show cause was given to the petitioner.

5. Mr. Vipresen Agrawal, adopts the submission of learned counsels for the respondents.

6. Mr. Rao, submits that on the strength of interim order passed by this Court, the petitioner is still working on the promoted post and further during pendency of this writ petition, the service of the petitioner was absorbed with the State Government.

7. I have heard learned counsel for the parties and perused the material available on record.

8. From the submission advanced by the learned counsel for the parties, it is apparent that the order impugned was passed without giving an opportunity of hearing