2025:CGHC:56982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13228 of 2025 Kumari Laxmi Tiwari D/o Jagannath Tiwari Aged About 32 Years Working As Skill Attendant, At Govt. Polytechnic College, Kanker, District Kanker C.G.

... Petitioner(s)

versus

1. State Of Chhattisgarh Through Secretary, Department Of Technical And Higher Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Raipur C.G.

2. Director, Department Of Technical Education, Indrawati Bhawan, Block-3, Atal Nagar, Raipur, District Raipur C.G.

3. Principal, Govt. Polytechnic College, Kanker, District Kanker C.G.

4. President Of Promotion Committee, Govt. Polytechnic College, Kanker, District Kanker C.G.

5. J.P. Shandey, Lab Technician, Govt. Engineering College, Raipur, District Raipur C.G.

6. U.K. Raghuvanshi, Lab Technician, Govt. Engineering College, Raipur, District Raipur C.G.

... Respondent(s)

For Petitioner(s) : Mr. F.S. Khare, Advocate For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

24/11/2025

1. The petitioner has filed this petition assailing the order dated 10.12.2024 by which the petitioner’s representation for grant of seniority from 09.02.2021 on the post Lab Technician (Non-ministerial) in the pay band -

7 has been rejected.

SANTOSH KUMAR SHARMA

SANTOSH KUMAR

SHARMA

Date: 2025.12.02

2. Brief facts of the case is that the petitioner appointed as skill attendant in accordance with Chhattisgarh Technical Education Class-III (Non Ministerial ) Service Recruitment Rules, 2005 (hereinafter referred to Rule 2005) at Govt. Women Polytechnic College, Byron Bazar, Raipur on 06.07.2013. Thereafter, she was transferred to Kaker. It has been further contended that the qualifying service for promotion on the post of Lab Technician is 5 years of service as per Rule of 2005. The petitioner has completed 8 years of service in the year 2021 and she is having additional qualification Diploma in Civil Engineering.

3. It has been further contended that she is entitled for promotion on the post of Lab Technician and the respondent No. 5 and 6 have been promoted on the post of Lab Technician on the basis of experience on 31.12.2015. Thereafter the petitioner filed the representation before the respondents contending that since the petitioner is having Diploma in Civil Engineer as per Rules of 2005 therefore, she should be given promotion from 09.02.2021 which has not been considered, as such she has filed the writ petition WPS No. 2535 of 2021 before this Court. It has also been contended that during pendency of this petition the respondents amended the Rules of 2005 on 12.03.2024 and removed the qualification i.e. Diploma and degree in Technical Education and the case of the petitioner was considered for promotion on the post of Lab Technician on 14.08.2024. It has also been contended that the petitioner has preferred a representation claiming for promotion 09.02.2021which has also been dismissed by the impugned order. Hence, this petition for consideration of her prayer for granting promotion w.e.f. 09.02.2021 on the post of lab technician.

4. Learned counsel for the State would submit that there is disputed about the validity of degree obtained by the petitioner in Civil Engineering from Institute of Civil Engineers India, Punjab as it has not been recognized by the All Indian Council Technical Education. It has also been submitted that the petitioner’s case has been considered for promotion on the basis of ITI pulse 5 years of experience which is also essential qualification for Lab Technician as amended on 12.03.2024 as such claim of the petitioner has already been considered and accordingly she has been promoted on 14.08.2024 which is legal justified and the petitioner is not entitled to get promotion from 09.02.2021 and would pray for dismissal of the writ petition.

5. I have heard learned counsel for the parties and perused the record.

6. Learned counsel for the petitioner would submit that since the petitioner ha