1

WPS No.6238 of 2026

CGHC010321822026 2026:CGHC:39214

AFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

Order Reserved on

Order delivered on

Order uploaded on

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24

th

August, 2026

7

th

September, 2026

7

th

September, 2026

WPS No. 6238 of 2026

1 - Ashish Banjare S/o Rajkumar Banjare Aged About 32 Years R/o

Village Bhilai, Post Dongari, Tehsil Baloda, Distt. Janjgir Champa, C.G.,

Presently Working As Junior Engineer At O/o S.E. (E And T) Korba.

2 - Chhagan Lal Thakur S/o Vishnu Singh Thakur Aged About 32 Years

R/o Qtr. No. Sd-121 C-D Type Cseb Colony Korba C.G., Presently

Working As Junior Engineer At O/o Se (C And I) Dspm Korba.

3 - Monica Sai W/o Yashwant Kumar Mahile Aged About 37 Years R/o

Cseb Colony Cd Type, Q. No. Sd 132, C.G., Presently Working Ad

Junior Engineer At O/o Se Turbine, Dspm Tps Ke, Chhattisgarh.

4 - Kaleshwer Singh S/o Shri Bahal Singh Aged About 32 Years R/o Vill.

And Post Sarbhoka, Tahsil Patna, Distt. Koriya, C.G., Presently Working

As Junior Engineer At Chp Operation Dspm Korba East, Korba,

Chhattisgarh.

5 - Sonu Bhagat S/o Satyanarayan Bhagat Aged About 31 Years R/o

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WPS No.6238 of 2026

Darima, Ambikapur, C.G., Presently Working As Junior Engineer At O/o

S.E. (E And T) Korba.

6 - Siddharth Dhruw S/o Arun Kumar Dhruw Aged About 34 Years R/o

H/no. 353 Avanti Vihar, Vijay Nagar Chowk, Raipur, C.G. Presently

Working As Junior Engineer At Bmd, Dspm Tps Korba East, Korba,

Chhattisgarh.

7 - Justin Ekka S/o Refenius Ekka Aged About 36 Years R/o Nc 70

Cseb Colony Korba C.G., Presently Working As Junior Engineer At O/o

Se (C And I), 2x250 Mw, Dspm, Korba, Chhattisgarh.

8 - Bhanu Pratap Banjare S/o M.D Banjare Aged About 37 Years R/o Q.

No. Nd-70 C.S.E.B. Colony, Korba East, Presently Working As Junior

Engineer At O/o Se (Operation), 2x500 Mw Abvtps Marwa, Janjgir

Champa, C.G.

9 - Varsha Rani Bhagat D/o Dau Ram Bhagat Aged About 32 Years R/o

Pt. Dindayal Colony Dhimrapur Raigarh C.G., Presently Working As

Junior Engineer At O/o Se (Ahp), Dspm Tps Korba East, Chhattisgarh.

10 - Gaurav Ekka S/o Dilip Sai Ekka Aged About 31 Years R/o Oe 55,

Cseb Colony, Korba East, Korba 495677 C.G., Presently Working As

Junior Engineer At O/o S.E. (Boiler) 1x500 Mw, Htps, Korba West,

Chhattisgarh.

11 - Aman Kishor S/o Lt. Shri Jagdev Ram Aged About 31 Years R/o

Village Kerju, Tahsil And Police Station - Sitapur, District Surguja

Chhattisgarh Presently Working As Junior Engineer At O/o Se, Chp Ext

(Oprn), Htps, Korba West Chhattisgarh.

12 - Ashish Gond S/o Shri Hem Narayan Gond Aged About 30 Years

R/o D-209 Annapurna Vihar Cseb Colony Darri, Tehsil - Katghora, Distt -

3

WPS No.6238 of 2026

Korba Chhattisgarh, Presently Working As Junior Engineer At O/o Se

Chp External (Operation), Htps Korba West, Korba Chhattisgarh.

13 - Chuman Das Bharti S/o Biharuram Aged About 31 Years R/o C/o

Biharuram, Village Charpara, Tehsil - Malkharodha, Distt. Sakti

Chhattisgarh Presently Working As Junior Engineer At O/o Se Chp

External Operation Htps Korba West Chhattisgarh.

14 - Roshan Mandavi S/o Shyam Singh Mandavi Aged About 33 Years

R/o Kaladabri, Post - Dumardih Khurd, Tahsil And District -

Rajnandgaon, Police Station - Ghumka Chhattisgarh Presently Working

As Junior Engineer At O/o Chp External Operation, Htps, Korba West,

Korba Chhattisgarh

15 - Pradeep Kumar Tigga S/o Purusottam Aged About 30 Years R/o D-

226 Htps Colony Anpurna Vihar, Near Lal Maidan Korba West

Chhattisgarh Presently Working As Junior Engineer At Se(Tmd Iii) Ee

(Bop) 1x500 Mw Htps Korba (West) Chhattisgarh.

16 - Ashish Kumar S/o Amrit Sai Aged About 33 Years R/o Village

Kharkata Po Tamta, Tehsil Pathalgaon, District Jashpur, Chhattisgarh.

Presently Working As Junior Engineer At O/o S.E. (Tur-Ii) Bop Htps Kw,

C.G.

17 - Ritu Painkra D/o Late Dhaneshwar Sai Aged About 36 Years R/o H

No. 6/94 Indira Nagar, Rampur Road, Raigarh Chhattisgarh. Presently

Working As Junior Engineer At O/o S.E. (Operation) Ii, 1x55 Mw Htps

Kw, Chhattisgarh.

18 - Yaminee Khute D/o Kedar Nath Khute Aged About 31 Years R/o

Village Post Nagpura, District - Durg Chhattisgarh Presently Working As

Junior Engineer At O/o S.E.(Oprn-I), Htps Korba Korba (West)

Chhattisgarh.

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WPS No.6238 of 2026

19 - Akshay Kumar Ekka S/o Kishor Kumar Ekka Aged About 31 Years

R/o H. No. 678 Tapkara Road Kunkuri Distt - Jashpur Chhattisgarh

Presently Working As Junior Engineer At O/o Se Chp Emd Htps, Korba

West, Korba Chhattisgarh

20 - Annu Mary Tigga D/o Augustus Tigga Aged About 33 Years R/o

House No. 172, In Front Of Makhan Vihar, M.G. Road, Ward No. 01,

Bhagwanpur Kala, Ambikapur, Distt - Surguja, Police Station Gandhi

Nagar Chhattisgarh Presently Working As Junior Engineer At O/o S.E.

(Oprn-I) 4x210 Mw Htps Kwb, Korba West, Korba Chhattisgarh.

21 - Anjuman Joy W/o Utkarsh Tirkey Aged About 32 Years R/o D-233,

Annapurna Vihar, Htps Colony, Korba West 495450 Chhattisgarh

Presently Working As Junior Engineer At O/o Se Oprn-Iii Dm Plant

1x500 Mw Htps, Korba West, Korba Chhattisgarh.

22 - Utkarsh Tirkey S/o Shri Shanti Prakash Tirkey Aged About 33 Years

R/o D-233, Htps Colony, Darri, Korba C.G., Presently Working As Junior

Engineer At O/o Se (C And I-Ii), Htps, Korba West, Korba Chhattisgarh.

23 - Manoj Chauhan S/o Kanhaiya Lal Chauhan Aged About 35 Years

R/o D-282, Annapurna Vihar, Htps Colony, Korba West, Chhattisgarh.

Presently Working As Junior Engineer At O/o S.E.(Boiler I) 2x210 Mw

Htps Kw, C.G.

24 - Kiran Bhandari W/o Tomson Gaur Aged About 33 Years R/o

Annapurna Vihar, Htps Colony, Darri, Korba West Korba Chhattisgarh,

Presently Working As Junior Engineer At O/o Se Oprn3 1x500mw Htps

Korba (West) Chhattisgarh.

25 - Sachin Paikera S/o P.L. Paikera Aged About 32 Years R/o Shreeji

Kalptaru Phase-2 House No. 1 Amlidih Raipur Chhattisgarh Presently

Working As Junior Engineer At O/o S.E. (C And I-Iii) 1x500mw Htps

Korba West Chhattisgarh.

5

WPS No.6238 of 2026

26 - Chakradhar Paraja S/o Dukhuram Paraja Aged About 45 Years R/o

Q. No. Nd - 57, Cd Type, C.S.P.G.C.L. Colony, Kosabadi Korba East,

Chhattisgarh. Presently Working As Junior Engineer At O/o S.E. (O And

M) H.B.H.P.S. Machadoli, Korba, Chhattisgarh.

27 - Madhuri Kanwar W/o Ratan Lal Verma Aged About 37 Years R/o

C/o Ratan Lal Verma, 1241t Ward No. 61, Adarsh Vihar, Adarsh Nagar,

Korba, District Korba Pin Code 495454 Chhattisgarh Presently Working

As Junior Engineer At O/o Se Oprn-Iii 1x500mw Htps Korba West

Chhattisgarh.

28 - Geetanjali Urwasha D/o Rajesh Kumar Urwasha Aged About 35

Years R/o A-2, Cross Street-3, Ashish Nagar (West), Risali, Tehsil/

District Durg Chhattisgarh Presently Working As Junior Engineer At O/o

Se Oprn-Ii, Htps Korba (West) Chhattisgarh.

29 - Nitin Devdas S/o Ramnarayan Devdas Aged About 33 Years R/o H.

No. 150 Halba Post Narharpur, Distt. Kanker Chhattisgarh, Presently

Working As Junior Engineer At O/o Se Ahp-Ii 1x500 Mw Htps Korba

West, Korba Chhattisgarh.

30 - Sanjeev Tigga S/o Jaggu Tigga Aged About 36 Years R/o H No.

195/1a Pallotti Vihar, Rumgara, Tehsil - Korba, Police Station - Balco

Township District - Korba, Pin Code - 495684 Chhattisgarh, Presently

Working As Junior Engineer At O/o Ace Ah-Ii 1x500 Mw Korba West

Extension Chhattisgarh.

31 - Rakshak Deep S/o B. Ram Aged About 31 Years R/o House No.

723/14, Indira Nagar, Jamnipali, Korba, C.G., Presently Working As

Junior Engineer At O/o Se (Boiler), 1x500mw, Htps, Korba West,

Chhattisgarh.

32 - Shivshankar Bhagat S/o Jogendar Bhagat Aged About 34 Years

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WPS No.6238 of 2026

R/o Village - Dumar Toil Post - Dodka Tehsil - Kansabel District -

Jashpur 496223 Chhattisgarh Presently Working As Junior Engineer At

Se O/o Se Ah-Ii. 1x500mw, Htps, Korba West, Korba Chhattisgarh.

33 - Rahul Minj S/o Alexander Minj Aged About 36 Years R/o Q. No. Ob

- 13 C.S.E.B. Colony, Korba East, Chhattisgarh. Presently Working As

Junior Engineer At O/o Addl. Cf Fm Dspm Tps, Korba East.

34 - Vikas Kumar S/o Tijau Ram Aged About 36 Years R/o Pairi Vihar,

Block 5, Quarter No. D 44, Cspgcl Colony Basantpur (C.G.), Presently

Working As Junior Engineer At O/o Se (Operation) Abvtps.

35 - Manoj Kumar Thakur S/o Ramlal Thakur Aged About 30 Years R/o

Qtr No 1f Street 39a Sector 7 Bhilai Nagar, Tehsil Bhilai Nagar, Police

Station - Sector 6, District Durg (C.G.), Presently Working As Junior

Engineer At O/o S.E. Boiler, Abvtps Marwa Champa.

36 - Gandhi Budheshwar Singh S/o Nohar Sai Aged About 44 Years R/o

Village - Chiranga, Tehsil - Batauli, Thana - Batauli, Distt. - Surguja,

(C.G.) Pin - 497101, Presently Working As Junior Engineer At O/o Se

(Turbine), Abvtps, Marwa.

37 - Kunal Jangde S/o Shivcharan Jangde Aged About 34 Years R/o

Village Mehandi Post Bundela Via Kharod Tehsil Pamgarh Janjgir

Champa (C.G.), Presently Working As Junior Engineer At O/o Se

(Turbine), Abvtps, Marwa.

38 - Chandrakant Thakur S/o Jageshwar Lal Thakur Aged About 39

Years R/o Village - Ghumka, Ward No. 11, P.O. Jaganthpur Sankra

Distt. - Balod (C.G.), Presently Working As Junior Engineer At O/o Se (C

And I) Abvtps Marwa.

39 - Bhanu Pratap Ghritlahare S/o Phool Chand Ghritlahare Aged About

35 Years R/o Near The Church Of God, Pil Road Bhojpur Champa Distt.

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WPS No.6238 of 2026

Janjgir Champa (C.G.), Presently Working As Junior Engineer At O/o Se

(Operation), 2x500 Mw Abvtps Marwa Janjgir Champa (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Principal Secretary, Department

Of Energy, Government Of Chhattisgarh, Mantralaya, Mahanadi

Bhawan, Nava Raipur Atal Nagar, District Raipur, Chhattisgarh.

2 - Chhattisgarh State Power Generation Company Limited

(C.S.P.G.C.L.) Through Its Managing Director, Dangania, Raipur, District

Raipur, Chhattisgarh.

3 - Chhattisgarh State Power Transmission Company Limited

(C.S.P.T.C.L.) Through Its Managing Director, Dangania, Raipur, District

Raipur, Chhattisgarh

4 - Chief Engineer (Human Resources) Chhattisgarh State Power

Generation Company Limited, Dangania, Raipur, Chhattisgarh.

5 - Chief Engineer Chhattisgarh State Power Transmission Company

Limited, Raipur, Chhattisgarh.

... Respondents

(Cause title is taken from Case Information System)

For Petitioners :Mr. Manoj Paranjpe, Senior Advocate

alongwith Mr. Anshul Tiwari, Advocate

For Respondent/ State :Ms. Sakshi Bajpai, Panel Lawyer

For Respondents No.2 & 4:Mr. Prafull N. Bharat, Senior Advocate

alongwith Mr. Varun Sharma and Mr. K.K.

Tandon, Advocates

For Respondents No.3 & 5:Mr. K.R. Nair, Advocate

(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

CAV Order

8

WPS No.6238 of 2026

1.By the present writ petition, the petitioners are seeking for the

following reliefs :-

“1] That, this Hon'ble Court may kindly be pleased to issue

an appropriate writ, order or direction, particularly a Writ of

Certiorari, quashing and setting aside the impugned order

dated 05.05.2025 issued by the Chief Engineer,

Chhattisgarh State Power Transmission Company Limited,

whereby the promotional quota for appointment to the post

of Assistant Engineer was reduced from 70% to 40%

(Annexure P/3).

2] That, this Hon'ble Court may kindly be pleased to issue

an appropriate writ, order or direction, particularly a Writ of

Certiorari, quashing and setting aside the subsequent

impugned order dated 22.07.2026 issued by the Chief

Engineer, Chhattisgarh State Power Transmission

Company Limited, whereby the revised quota for filling up

the post of Assistant Engineer was finally determined as

40% through promotion, 50% through direct recruitment

and 10% through departmental recruitment as far as it

concerns CSPGCL (Generation) (Annexure P/2).

3] That, this Hon'ble Court may kindly be pleased to issue

an appropriate writ, order or direction, particularly a Writ of

Certiorari, quashing and setting aside the consequential

recruitment advertisement/notice dated 07.08.2026 issued

by the Chief Engineer, Chhattisgarh State Power

Transmission Company Limited, insofar as it proposes to fill

up the notified 60 posts of Assistant Engineer (Generation),

CSPGCL through direct recruitment, to the extent that such

recruitment is contrary to the lawful promotional quota and

prejudicially affects the Petitioners' right to consideration for

promotion (Annexure P/1).

4] That, this Hon'ble Court may kindly be pleased to issue

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WPS No.6238 of 2026

an appropriate writ, order or direction directing the

Respondents to restore and implement the promotional

quota of 70% for filling up the posts of Assistant Engineer,

as prescribed under the earlier decision/resolution

communicated vide memo dated 19.03.2021 and

Petitioners should be considered for promotion to Assistant

Engineer as per the earlier rule of 70% quota for promotion.

5] That, this Hon'ble Court may kindly be pleased to grant

any other relief(s), which is deemed fit and proper in the

aforesaid facts and circumstances of the case.”

2.(a) Learned Senior Counsel appearing for the petitioners would

submit that the petitioners are serving as Junior Engineers (Plant)

under the Chhattisgarh State Power Generation Company Limited

(CSPGCL) and were appointed in the year 2018, thereafter

regularized and confirmed in service. It is submitted that, pursuant

to the decision of the Board of Directors (BoD) communicated vide

memo dated 19.03.2021, a substantial quota of 70% of the posts

of Assistant Engineer was earmarked to be filled up through

promotion, thereby providing promotional avenues to eligible

employees working in the feeder cadre i.e. Junior Engineers. The

petitioners, having completed the requisite period of service, were

duly included in the gradation list dated 21.02.2024 and became

eligible for consideration for promotion. Learned counsel

appearing for the petitioners would submit that by order dated

05.05.2025, the quota of promotion of Junior Engineer to the post

of Assistant Engineer has been reduced from 70% to 40%, and

despite the said fact, 23 Junior Engineers were promoted to the

post of Assistant Engineers by order dated 20.04.2026 as per the

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WPS No.6238 of 2026

quota fixed earlier. Thus, from the said fact, it appears that the

respondent authorities are acting in an illegal and arbitrary

manner.

(b) Learned Senior Counsel further submits that, despite the

aforesaid position, the respondents, vide order dated 05.05.2025,

reduced the promotional quota, in respect of the subject post,

from 70% to 40%, which was subsequently confirmed vide order

dated 22.07.2026 by prescribing 40% quota for promotion, 50%

for direct recruitment and 10% for departmental recruitment. It is

contended that the said reduction has substantially curtailed the

promotional avenues of the petitioners, who are duly qualified,

experienced and have completed the requisite qualifying service.

The consequential advertisement dated 07.08.2026 proposing

direct recruitment to 60 posts of Assistant Engineer is also

challenged to the extent it adversely affects the petitioners' right to

consideration for promotion.

(c) Learned counsel would also submit that the justification given

by the respondents for increasing the direct recruitment quota is

untenable, as the organization already has a pool of qualified and

experienced Junior Engineers, including the present petitioners,

possessing the requisite educational and technical qualifications.

It is, therefore, submitted that the reduction of the promotional

quota from 70% to 40% is arbitrary, unreasonable and contrary to

the legitimate promotional avenues of the petitioners. The

petitioners accordingly seek quashing of the impugned orders

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WPS No.6238 of 2026

dated 05.05.2025 and 22.07.2026 and the consequential

recruitment advertisement dated 07.08.2026, and further seek

restoration of the earlier 70% promotional quota and consideration

of their cases for promotion in accordance therewith.

(d)In support of his contention, learned Senior Counsel placed

reliance upon the decision rendered by the Supreme Court in

State of Punjab vs. Bandeep Singh and Others reported in

(2016) 1 SCC 724, A. Satyanarayana and Others vs. S.

Purushotham and Others reported in (2008) 5 SCC 416 and

the decision rendered by this Court in Dr. Shashikala Kosam &

Ors. vs. State of Chhattisgarh & Ors. (decided on 12.09.2025),

Vidyasagar Ratre & Ors. vs. State of Chhattisgarh & Anr.

(decided on 14.07.2026).

3.(i)Per contra, learned Senior Counsel appearing for

respondent Nos. 2 & 4 opposes the aforesaid submissions and

submits that the impugned orders dated 05.05.2025 and

22.07.2026 have merely restructured the quota for recruitment to

the post of Assistant Engineer and have not taken away the

petitioners’ right to be considered for promotion. It is submitted

that the petitioners have no vested or indefeasible right to

promotion or to insist upon continuation of the earlier promotional

quota of 70%, as mere chances of promotion do not constitute a

condition of service. Learned Senior Counsel submits that

reduction in chances of promotion, by itself, does not give rise to

any enforceable right.

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WPS No.6238 of 2026

(ii) Learned Senior Counsel further submits that under the revised

policy, 40% of the posts have been reserved for promotion and

10% for departmental recruitment, and therefore the promotional

avenue of the petitioners has not been completely taken away. It

is submitted that the decision to earmark 50% of the posts for

direct recruitment has been taken in view of the requirement of

qualified engineers for the upcoming projects of the Company,

including the new power plants and pump storage projects. The

direct recruitment process is intended to secure candidates having

the requisite qualifications and training, and the alteration of the

quota falls within the policy domain of the employer, warranting

limited judicial interference.

(iii) Learned counsel further submits that the petitioners have

failed to show violation of any vested right under Articles 14 or 16

of the Constitution. While the right to be considered for promotion

is a condition of service, mere chances of promotion are not, as

held by the Supreme Court in State of Maharashtra v.

Chandrakant Anant Kulkarni, (1981) 4 SCC 130. The authority

competent to frame rules is equally competent to amend them,

and mala fides cannot be attributed to the legislature. According

to the learned Senior Counsel pursuant to the advertisement

floated for direct recruitment of Assistant Engineers, the

petitioners, if so desires and fulfills the requisite eligibility criteria,

may apply and participate in the said selection process.

(iv) Learned Senior Counsel would also submit that the petitioners

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WPS No.6238 of 2026

have neither pleaded nor demonstrated that the impugned

decision is arbitrary, mala fide or otherwise contrary to law. Thus,

no vested right of the petitioners has been infringed and the

impugned advertisement dated 07.08.2026 cannot be interdicted

merely on the ground of reduction in promotional prospects. He

would also submit that the direct recruits have entirely different

training in respect of panel operation etc. and the same is directly

helpful in the new power plants and pump storage projects. The

direct recruitment of Assistant Engineers based on All India

competition and there is every possibility of selection of more

suitable candidates.

(v) Learned counsel appearing for the respondent would submit

that though the promotion order issued on 20.04.2026 i.e. after

change of fixation of quota on 05.05.2025, but, much prior to that,

the DPC was convened wherein 23 Junior Engineers were found

for promotion to the post of Assistant Engineer and hence, it

cannot be said that after change of the criteria in fixation of the

quota, the promotion order has been passed. He would submit

that prior to appointment of the petitioners in the year 2018 the

fixation of criteria was 40% for promotion, 50% for direct

recruitment and 10% through departmental examination. But

subsequently in the year 2021, it was changed and fixed that 70%

for promotion 20% for direct recruitment and 10% through

departmental examination. Subsequently, the Authorities after

considering that owing to the upcoming new plants (2X60 MW) as

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WPS No.6238 of 2026

also for the Pump Storage Projects, the Graduate Engineers are

required to look after the proper maintenance of the protects, they

decided to restore the earlier adopted ratio i.e. 40% for promotion,

50% direct recruitment and 10% through departmental

examination. He would submit that the said decision has been

taken by the authorities after considering all the aspects of the

matters and for the betterment of the plants. He would submit that

the action taken by the respondent is purely an administrative and

policy decision keeping in view the requirement of qualified

engineers for the upcoming projects of the company. It is,

therefore, prayed that the writ petition deserves to be dismissed.

(vi) In support of his contention, learned Senior Counsel placed

reliance upon the decision rendered by the Supreme Court in

Bhavesh D. Parish and Others vs. Union of India and Another

reported in (2000) 5 SCC 471, Deoraj vs. State of Maharashtra

and Others reported in reported in (2004) 4 SCC 697, The

Telangana Residential Educational Institutions Recruitment

Board vs. Saluvadi Sumalatha & Anr. reported in 2024 INSC

176, State of Odisha and Others vs. Sreepati Ranjan Dash

reported in 2026 SCC OnLine SC 879, Ramchandra Shankar

Deodhar and others vs. The State of Maharashtra and others

reported in (1974) 1 SCC 317 and in the decision rendered by

this Court in Anil Chhari and others vs State of Chhattisgarh

and others reported in 2024 SCC OnLine Chh 2670, Bashil

Minj and others vs. State of Chhattisgarh and others reported

15

WPS No.6238 of 2026

in 2026 SCC OnLine Chh 2610.

4.Learned counsel appearing for respondent Nos. 3 & 5 would

support the aforesaid submissions made on behalf of respondent

Nos. 2 & 4 and submits that no interference is warranted with the

impugned orders or the recruitment process.

5.I have heard learned counsel for the parties and considered their

rival submissions made herein-above and also went through the

record with utmost circumspection.

6.The principal grievance of the petitioners is against reduction of

the promotional quota for the post of Assistant Engineer from 70%

to 40% and the consequential increase in the quota for direct

recruitment. It is not in dispute that the petitioners, being Junior

Engineers, are eligible to be considered for promotion to the post

of Assistant Engineer. However, mere eligibility for consideration

does not confer any vested or indefeasible right to promotion, nor

does an employee have a right to insist that a particular

percentage of vacancies must continue to be filled by promotion.

The earlier quota of 70%, which was in operation pursuant to the

decision dated 19.03.2021, cannot be treated as an immutable

service condition.

7.The respondents have explained that the revised quota has been

prescribed as a matter of administrative and policy decision,

keeping in view the requirement of qualified engineers for the

upcoming projects of the Company. Significantly, the revised

arrangement does not completely take away the promotional

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WPS No.6238 of 2026

avenue of the petitioners, as 40% of the posts continue to be

earmarked for promotion and 10% for departmental recruitment.

The fact that the petitioners may have a reduced chance of

promotion on account of the revised quota, by itself, cannot

furnish a ground for judicial interference, unless the policy

decision is shown to be arbitrary, mala fide or contrary to any

statutory provision. In the present case, no such material has

been placed before this Court. The promotion of 23 Junior

Engineers vide order dated 20.04.2026, pursuant to a process

initiated earlier, also does not create any vested right in favour of

the petitioners to claim continuation of the earlier quota. Even if

the petitioners having the requisite eligibility criteria, they may also

apply and participate in the direct recruitment process initiated

pursuant to the impugned advertisement.

8.As far as the contention of the petitioners with regard to reduction

of quota of promotional avenues is concerned, it is noteworthy to

mention here that the petitioners appointed in the year 2018 on

the post of Junior Engineers. At that time the quota for promotion

was 40%, however, subsequently in the year 2021, it was

enhanced to 70%. Thereafter, looking to the several aspects of

the matters a detailed note was prepared in the year 2024 and it

was proposed to restore the earlier quota of 40% for promotion

and pursuant to the said proposal, a meeting was convened on

08.04.2025 and passed the resolution under Agenda No. 117/07

and pursuant to the said resolution, the order was passed on

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WPS No.6238 of 2026

05.05.2025.

9.For the sake of convenience, the note, resolution under Agenda

No. 117/07 and the order dated 05.05.2025 are quoted below:

Note of the Department

“वि

षय

:- स

हायक अभियंता के पद पर सीधी खुली भर्ती

/ प

दोन्नति से भर्ती

/

वि

भागीय भर्ती के प्रतिशत के निर्धारण के संबंध में।

xxxx

01/ पृ

ष्ठ भूमि

-

i.व

र्ष

2021 में

सहायक अभियंता के पद पर भर्ती का प्रतिशत कुल

स्

वीकृत पदों का निम्नानुसार निर्धारित किया गया है

(प

रिशिष्ट

-01) -

वि

वरण

पू

र्व निर्धारण

व

र्तमान निर्धारण

प

दोन्नति से

40% 70%

वि

भागीय भर्ती से

10% 10%

सी

धी खुली भर्ती से

50% 20%

ii. उप

रोक्त प्रतिशत निर्धारण के कारण जनरेशन कंपनी में कुल

470 स्

वीकृत

प

दों के विरूद्ध कार्यरत सहायक अभियंता की स्थिति निम्नानुसार हो गई है

-

वि

वरण

स्

वीकृत पद

का

र्यरत पद

प

दोन्नति से

(70%) 329 271

वि

भागीय भर्ती से

(10%) 47 25

सी

धी खुली भर्ती से

(20%) 94 203

कु

ल

470 499

उप

रोक्त तालिका से स्पष्ट है कि

-

(अ) सी

धी भर्ती के पदों पर पद रिक्तता नहीं है। इस प्रतिशत निर्धारण के

का

रण स्नातक अभियंता जो सीधी भर्ती से नियुक्त होते थे

, की

संख्या डिप्लोमा

18

WPS No.6238 of 2026

अ

भियंता से अत्यंत कम हो जावेगी

, जो

केन्द्रीय विद्युत प्राधिकरण के दिशा

-

नि

र्देश

, जि

समें

210 मे

गावाट या उससे अधिक क्षमता की ईकाईयों का संचालन

स्

नातक अभियंता के द्वारा किया जाना है

, के

अनुरूप नहीं है।

(ब) ज

नरेशन कंपनी में आने वाले नवीन संयंत्र

(2X660 मे

गावाट

) हे

तु स्नातक

इं

जीनियर की आवश्यकता रहेगी। इसके अतिरिक्त पंप स्टोरेज परियोजना हेतु

भी

स्नातक इंजीनियर्स की आवश्यकता होगी। वर्तमान परिपेक्ष्य में सहायक

अ

भियंता के पद पर यदि भर्ती का निर्धारित प्रतिशत इसी प्रकार जारी रखा

जा

ता है तो सीधी भर्ती से आगामी तीन से चार वर्षों तक स्नातक अभियंता की

भ

र्ती किया जाना संभव नहीं है।

ऐ

सी स्थिति में जनरेशन कंपनी के सभी संयंत्रों के दैनंदिनी रखरखाव

ए

वं संचालन में समस्या उत्पन्न हो सकती है एवं केन्द्रीय विद्युत प्राधिकरण के

द्वा

रा भी आपत्ति दी जा सकती है।

(स) भ

र्ती प्रक्रिया प्रारंभ करने के उपरांत नियुक्ति होने तक तथा नियुक्ति

उप

रांत आवश्यक प्रशिक्षण प्राप्त कर संयंत्र में पदस्थापित होने में लगभग

02

व

र्ष का समय लगता है। अतः यह अत्यंत आवश्यक है कि सीधी खुली भर्ती से

भ

र्ती का प्रतिशत पूर्ववत् अर्थात्

50% कि

या जाए।

(द) 470 स्

वीकृत पदों के विरुद्ध कार्यरत सहायक अभियंता की आधिक्य

सं

ख्या केटीपीएस

, को

रबा पूर्व के पदों के विलोपन के कारण

(85 पद) उत्पन्न

हुई

है। उपरोक्त स्थिति से संचालक मंडल को अवगत कराया जा चुका

(प

रिशिष्ट सेवानिवृत्ति तथा नवीन परियोजनाओं हेतु सृजित होने वाले पदों से

दो)। आ

धिक्य संख्या अतिशीघ्र आगामी वर्षों में होने वाली

20 स

मायोजित हो

जा

एगी।

02/ का

र्यवाही प्रस्तावित

-

i. उप

रोक्त तथ्यों के दृष्टिगत सहायक अभियंता के प्रदों पर सीधी खुल भर्ती

/

प

दोन्नति से भर्ती

/वि

भागीय भर्ती का प्रतिशत निम्नानुसार निर्धारित किया जाना

प्रस्

तावित है

-

वि

वरण

पू

र्व निर्धारण

व

र्तमान

नि

र्धारण

प्रस्

तावित

नि

र्धारण

19

WPS No.6238 of 2026

प

दोन्नति से

40% 70% 40%

वि

भागीय भर्ती से

10% 10% 10%

सी

धी खुली भर्ती से

50% 20% 50%

ii. प्रस्

तावित प्रतिशत निर्धारण से जनरेशन कंपनी में कुल स्वीकृत

470 प

दों के

वि

रूद्ध कार्यरत

499 स

हायक अभियंता की स्थिति निम्नानुसार होगी

-

वि

वरण

स्

वीकृत पद

का

र्यरत पद

रि

क्त पद

प

दोन्नति से

(40%) 188 271 -83

वि

भागीय भर्ती से

(10%)

47 25 22

सी

धी खुली भर्ती से

(50%)

235 203 32

कु

ल

470 499 -29

उप

रोक्त तालिका से स्पष्ट है कि सीधी खुली भर्ती हेतु

32 पद

रिक्त है।

न

वीन परियोजना हेतु पदों की स्वीकृति के उपरांत सहायक अभियंता के पदों

पर

नवीन भर्ती तद्नुसार किया जाना प्रस्तावित है।

04/ डी

ओपी

-मा

ननीय संचालक मंडल को संपूर्ण अधिकार प्रदत्त है।

05/ अ

नुमोदन हेतु प्रस्ताव

-

उप

रोक्त तथ्यों के दृष्टिगत सहायक अभियंता के पदों पर सीधी खुली

भ

र्ती

/प

दोन्नति से भर्ती

/वि

भागीय भर्ती का प्रतिशत निम्नानुसार निर्धारित किया

जा

ना प्रस्तावित है

-

वि

वरण

पू

र्व

नि

र्धारण

व

र्तमान

नि

र्धारण

प्रस्

तावित निर्धारण

प

दोन्नति से

40% 70% 40%

वि

भागीय भर्ती से

10% 10% 10%

सी

धी खुली भर्ती से

50% 20% 50%

20

WPS No.6238 of 2026

06/ कं

डिका क्रमांक

05/ टी

प का प्रस्ताव अनुमोदनार्थ प्रस्तुत है।

07/- स

हायक अभियंता के पद पर भर्ती के प्रतिशत का निर्धारण पूर्ववर्ती

हो

ल्डिंग कंपनी वर्तमान पारेषण कंपनी के द्वारा किया जाता रहा है। अतः

सं

बंधित प्रकरण पारेषण कंपनी के माध्यम से पारेषण कंपनी के माननीय

सं

चालक मंडल के समक्ष प्रस्तुत किया जाना प्रस्तावित है।

8/-अ

नुमोदन के उपरांत माननीय संचालक मंडल के समक्ष प्रस्तुत की जाने

वा

ली संक्षेपिका का प्रारूप नस्ती पर अनुमोदनार्थ प्रस्तुत है।

स

ही

/-

स

ही

/-का

र्यपालक निदेशक

(मा.सं

सा

.)

प्र

बंध निदेशक

(ज

न

.)

प्र

बंध निदेशक

(पा

रेषण

)

अध्यक्ष

Resolution passed

Certified True Copy of the Resolution passed by the Board

of Directors of Chhattisgarh State Power Transmission

Company Limited (CSPTCL) at its 117

th

Meeting held on

Tuesday, 08

th

April, 2025 at 10:30 a.m. at 5

th

Floor, Mahanadi

Bhawan, Mantralaya, Nava Raipur Atal Nagar (C.G.).

Agenda no. 117/07:

छ

त्तीसगढ

, स्

टेट पॉवर जनरेशन कंपनी लिमिटेड के अंतर्गत सहायक अभियंता

के

पदों पर भर्ती हेतु पदों का कोटा पुनरीक्षित करने बाबत्।

"सं

कल्प किया जाता है कि छत्तीसगढ़ स्टेट पॉवर जनरेशन कंपनी लिमिटेड में

स

हायक अभियंता के स्वीकृत पदों पर भर्ती का कोटा निम्नानुसार पुनरीक्षित

कि

या जावे

:-

क्र

मांक

भ

र्ती का माध्यम

पू

र्व कोटा

(प्र

तिशत में

)

पु

नरीक्षित कोटा

(प्र

तिशत में

)

21

WPS No.6238 of 2026

1 प

दोन्नति से

70% 40%

2वि

भागीय सीधी भर्ती से

10% 10%

3खु

ली सीधी भर्ती से

20% 50%

For, Chhattisgarh State Power Transmission Company

Limited

Sd/-

(Arun Mishra)

Company Secretary

Order passed pursuant to the resolution

क्र

मांक

01-01/पी

डी

-ती

न

/1877/2357 / रा

यपुर

, दि

नांक

5 MAY 2015

आ

देश

छ

त्तीसगढ़ स्टेट पॉवर ट्रांसमिशन कंपनी लिमिटेड रायपुर के संचालक मण्डल की

आहू

त बैठक दिनांक

08.04.2025 के

एजेण्डा क्रमांक

117/07 में

पारित संकल्प के

प

रिपालन में छत्तीसगढ़ स्टेट पॉवर जनरेशन कंपनी लिमिटेड में सहायक अभियंता

(उत्

पादन

)

के

पदों पर भर्ती का कोटा एतद् द्वारा निम्नानुसार पुनरीक्षित किया जाता है

:-

क्र

मांक

भ

र्ती का माध्यम

पू

र्व कोटा

(प्र

तिशत में

)

पु

नरीक्षित कोटा

(प्र

तिशत में

)

1 प

दोन्नति से

70% 40%

2वि

भागीय सीधी भर्ती से

10% 10%

3खु

ली सीधी भर्ती से

20% 50%

स

ही

/-

मु

ख्य अभियंता

(मा.सं.)

छ.स्

टे

. पॉ.ट्रां

स

. कं. लि

मि

, रा

यपुर

/ रा

यपुर

, दि

नांक

10.From the aforesaid, it is crystal clear that after considering all the

aspects of the matters in its true perspective and also considering

the requirement of graduate Engineers through All India Open

Competition, the respondent authorities have taken the aforesaid

22

WPS No.6238 of 2026

decision, which cannot be termed as illegal, arbitrary and bad in

law.

11.It is well settled that mere reduction in the promotional avenues or

chances of promotion does not confer any vested or indefeasible

right upon an employee to claim promotion in accordance with the

earlier quota. The petitioners, therefore, cannot insist upon

continuation of the earlier promotional quota of 70% merely on the

ground that they had become eligible for consideration under the

previous arrangement. Their right remains confined to fair

consideration for promotion in accordance with the rules and

policy applicable at the relevant time.

12.It is pertinent to mention here that the Courts will have to be

cautious and slow in dealing with the recruitment process adopted

by the recruitment agency. A lot of thought process has gone into

applying the rules and regulations. Merely because the

recruitment agency is not in a position to satisfy the Court, relief

cannot be extended to the candidates.

13.It is the trite law that reduction in the chances of promotion, if any,

on account of a change or amendment in the rules would not

affect the fundamental rights of an employee, as a public servant

has only a right to be considered for promotion in accordance with

the extant rules.

14.In the matter of Dwarka Prasad and others v. Union of India

and others (2003) 6 SCC 535, their Lordships of the Supreme

Court have held that fixation of quotas or different avenues and

23

WPS No.6238 of 2026

ladders for promotion in favour of various categories of posts in

feeder cadres based upon the structure and pattern of the

Department is a prerogative of the employer, mainly pertaining to

the policy-making field, and observed in paragraph 16 as under:-

“16.Fixation of quotas or different avenues and ladders

for promotion in favour of various categories of posts in

feeder cadres based upon the structure and pattern of the

Department is a prerogative of the employer, mainly

pertaining to the policy-making field. The relevant

considerations in fixing a particular quota for a particular

post are various such as the cadre strength in the feeder

quota, suitability more or less of the holders in the feeder

post, their nature of duties, experience and the channels

of promotion available to the holders of posts in the feeder

cadres. Most important of them all is the requirement of

the promoting authority for manning the post on promotion

with suitable candidates. Thus, fixation of quota for

various categories of posts in the feeder cadres requires

consideration of various relevant factors, a few amongst

them have been mentioned for illustration. Mere cadre

strength of a particular post in the feeder cadre cannot be

a sole criterion or basis to claim parity in the chances of

promotion by various holders of posts in feeder

categories.”

15.Similarly, in Dilip Kumar Garg and another v. State of Uttar

Pradesh and others (2009) 4 SCC 753, it has been held by the

Supreme Court that the administrative authorities are in the best

position to decide the requisite criteria for promotion from Junior

Engineer to Assistant Engineer, and it is not for the Court to sit

over their decision like a court of appeal. The administrative

authorities have experience in administration, and the Court must

respect this, and should not interfere readily with administrative

decisions. It is also the trite law that the Court should not

ordinarily interfere in policy decisions unless there is clear

24

WPS No.6238 of 2026

violation of some constitutional provision or the statute. We find

no such violation in this case.”

16.In Dr. Jaya Thakur v. Union of India, 2023 SCC OnLine SC 813,

the Supreme Court reiterated that courts do not sit in appeal over

policy decisions reflected in statutory rules unless the policy is

manifestly arbitrary or unconstitutional. It is well settled that

fixation of promotional avenues and inclusion of feeder cadres is a

policy matter within the exclusive domain of the employer. Courts

do not interfere with such policy decisions unless there is clear

constitutional violation. It is also settled law that no government

servant has a vested right to promotion. At best, an employee has

a right to be considered for promotion in accordance with the rules

prevailing on the date of consideration. Similarly, in Union of

India v. Pushpa Rani, (2008) 9 SCC 242, it was held that

reduction of chances of promotion does not amount to violation of

Articles 14 or 16.

17.In the case at hand, the petitioners are aggrieved by reduction of

the promotional quota from 70% to 40%, which has affected their

chances of promotion. However, mere reduction in the chances of

promotion does not confer any vested or indefeasible right to

claim promotion under the earlier quota. Prescription or alteration

of promotional quota is essentially a policy matter within the

domain of the competent authority, warranting judicial interference

only when shown to be arbitrary, mala fide or contrary to the rules.

No such infirmity has been demonstrated in the present case. The

25

WPS No.6238 of 2026

decisions relied upon by learned counsel for the petitioners are

distinguishable on facts.

18.In view of the foregoing discussions and applying the well settled

principles of law to the facts of the present case, this Court

concludes that the petitioners have no vested or accrued right to

promotion, and mere reduction of chances of promotion does not

attract Articles 14 or 16; as such this Court finds no illegality,

arbitrariness or perversity in the impugned orders dated

05.05.2025 (Annexure P/3) and 22.07.2026 (Annexure P/2)

warranting interference in exercise of jurisdiction under Article 226

of the Constitution of India. Consequently, the consequential

recruitment advertisement dated 07.08.2026 also cannot be

interdicted merely on the ground that it may affect the promotional

prospects of the petitioners.

19.Accordingly, the writ petition, being devoid of merit, deserves to be

and is hereby dismissed.

Sd/-

(BIBHU DATTA GURU)

JUDGE

$. Bhilwar/ Gowri

26

WPS No.6238 of 2026

HEAD NOTE

Fixation of quota for promotion on a particular post in feeder cadre

based upon the structure and pattern of the Department is prerogative

of the employer.