Digitally signed by ASHISH ASHISH TIWARI TIWARI Date:

2026.04.01 13:07:21 +0530

2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 6109 of 2023

1. Vivek Kumar Mahipal, S/o Shri Banas Lal Mahipal, aged about 30 years, Occupation - Service (Assistant Grade-Ii, District Education Office, Gourella-Pendra- Marwahi, District - Gourella-Pendra-Marwahi) (C.G.), R/o Village - Dhruvakari, P.O.

And P.S. Pachpedi, Tehsil - Masturi, District - Bilaspur (C.G.)

2. Amit Kumar Jaiswal, S/o Late Shri Asharam Jaiswal, aged about 32 years, Occupation - Service (Assistant Grade - Ii, Govt. Middle School, Amadand, Block - Gourella), Presently On Deputation At Swami Atmanand Utkrist English Medium School, Lingiyadih, Block - Bilha, District - Bilaspur (C.G.), R/o Sanjay Nagar, Chantidih, Near Irani Chowk, Sarkanda, Bilaspur, Tehsil And District - Bilaspur (C.G.)

---- Petitioners Versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.)

2 - Joint Director Education Division, Bilaspur, District - Bilaspur (C.G.)

3 - District Education Officer Gourella-Pendra-Marwahi, District - Gourella- Pendra-

Marwahi (C.G.)

4 - Collector, Gourella-Pendra-Marwahi District - Gourella-Pendra-Marwahi (C.G.)

5 - Collector, Bilaspur District - Bilaspur (C.G.)

Respondents For Petitioners : Shri Surfaraj Khan, Advocate.

For Respondents / State : Smt. Deepeshwari Mahilwar, P.L.

Hon'ble Shri Justice Sachin Singh Rajput

Order on Board

18/03/2026 1. Heard.

2. Challenge in this writ petition is to an order dated 04/08/2023 (Annexure P/1)

passed by the respondent No. 3 by which the promotion of the petitioner on the post of Assistant Grade - III dated 09.12.2021 was cancelled.

3. Learned counsel for the petitioner submits that the petitioners were working as Assistant Grade -III and were posted in different places under the respondent No.3. Vide order dated 09.12.2021 (Annexure P-2), the petitioners were promoted on the post of Assistant Grand - II. In compliance of the said order, the petitioner were promoted and they have joined their respective place of posting. It appears that some complaint was made and thereafter, the impugned order dated 04.08.23 were issued by respondent No.3. Thereby canceling the promotion so made in favour of the petitioners. He submits that the impugned before passing the impugned order no opportunity of hearing or show cause notice was given to the petitioners which is utter violation of principle of natural justice. He further submits that the impugned order has civil consequence and thus until and unless the petitioners was afforded the opportunity to defend to put-forth their strength, the impugned order cannot be passed. He placed reliance upon the judgment of this Court in case of Jaipal Nirala Vs. State of Chhattisgarh & Ors. in WPS No. 3720/2022 dated 16.02.2026. Thus impugned order deserve to be set aside.

4. Per contra learned counsel for the respondent submits that after the promotion of the petitioners were made, a complaint was made and thereafter inquiry was conducted and in the inquiry, promotion of the petitioner was not found in accordance with law. Thus, the impugned order was passed canceling the promotion. He further submits that the petitioners were not eligible for being promoted, thus, promotion order from the inception was bad in law. Thus, the impugned order was passed which does not require any interference. However, she is not in a position to place before this Court as to whether an opportunity of hearing was afforded or a show cause notice was issued to the petitioners before passing the impugned order.

5. Heard learned counsel for the parties and perused the record.

6. Annexure P-2 is an order dated 09.12.2021 by which the petitioenrs who were working as Assistant Grade -III were promoted on the post of Assistant Grade -II and were posted on different places. It appears that in compliance of the said order, they have joined the respective pla