Order on Board

24/04/2026

1. The petitioner has filed this petition seeking the following relief(s):-

“10.(i) That, this Hon’ble court may kindly be pleased to quash / set-aside impugned order 18.10.2022 (Annexure P-1) and petitioner may be allowed to continue in the promotion post, in the interest of justice.”

2. Learned counsel appearing for the petitioner would submit that the petitioner was appointed on the post of Assistant Teacher (Panchayat) on 21.02.2006 and after completion of 08 years of services, his services were regularized. It is contended that the services of the petitioner were absorbed with School Education Department pursuant to policy decision dated 01.07.2018 and he was promoted to the post of Head Master, Primary School according to recommendation made by Departmental Promotion Committee. Mr. Kushwaha would submit that specific order of promotion was passed on 03.10.2022 pursuant to recommendation of Departmental Promotion Committee. He would further submit that the petitioner joined on the promoted post and thereafter the District Education Officer cancelled the said order without giving show cause notice and without affording opportunity of hearing to the petitioner vide order dated 18.10.2022. He would contend that right was accrued in favour of the petitioner after joining of the services on the promoted post and cancellation of such order has civil consequences, therefore, the respondent authorities were under obligation to provide opportunity of hearing. He would pray to quash the said order.

3. On the other hand, learned Government Advocate appearing for the State/respondents would submit that there was some discrepancy in the gradation list of teachers. He would contend that according to the conditions enumerated in the order of absorption, the seniority of the petitioner would be reckoned from the date of absorption. He would contend that in WPS No. 283/2022 (Smt. Soma Thakur & Ors. Vs. State of Chhattisgarh & Ors. decided on 15.03.2023) which was filed by the teachers claiming therein seniority, a direction was issued to decide their representation(s). He would further contend that the respondent authorities considered and decided representation(s) of the teachers and thereafter it was detected that the seniority of the petitioner was erroneously reckoned from 2006 and therefore, the order of promotion was cancelled by the District Education Officer vide impugned order dated 18.10.2022. He would submit that the instant petition is misconceived and same deserves to be dismissed.

4. I have heard learned counsel for the petitioner and perused the documents.

5. It is an admitted fact that the petitioner was promoted to the post of Head Master vide order dated 03.10.2022 and pursuant to said order he assumed charge also. Respondent No. 4- District Education Officer vide order dated 18.10.2022, cancelled the order of promotion without giving show cause notice and without affording any opportunity of hearing to the petitioner in utter violation of principles of natural justice, therefore, in my opinion, the order Annexure P-1 dated 18.10.2022 is not sustainable and accordingly quashed

6. The respondent authorities would be at liberty to take decision afresh after affording due opportunity of hearing to the petitioner within a period of 90 days from the date of receipt of copy of this order. The interim order granted on 24.11.2022 shall continue for period of 90 days from today.

7. With the aforesaid direction(s) / observation(s), this petition is disposed of