ORDER:

Sanjay K. Agrawal, J.

1. Since common question of law and fact is involved in this batch of writ petitions, they have been clubbed together, heard together and are being disposed of by this common order.

2. Facts mentioned in W.P.(S)No.1472/2021 are taken, as that writ petition is the lead case and interim order has been granted in that petition.

3. It is the case of the petitioners, as pleaded in W.P.(S)No.1472/2021, that they were appointed on the post of Shiksha Karmi Grade-I vide order dated 10-7-1998 and later-on their services were absorbed by the Department of School Education vide order dated 28-9-2018 in compliance of the policy decision taken by the State Government dated 30-6-2018. It is the further case of the petitioners that they have completed more than five years on the post of Lecturer (Local Body), yet the Department of School Education is denying promotion on the post of Principal on the ground that they have not completed five years of service in the feeder cadre post of Lecturer (LB) by not counting their service rendered prior to their absorption and leaving them aside from the process of promotion. It is also the case of the petitioners that they have been absorbed on 28-9-2018 pursuant to the policy decision dated 30-6-2018 and counting their earlier period of service on the post of Shiksha Karmi rendered in the office of the Zila Panchayat, etc., they are entitled to be promoted on the post of Principal and as such appropriate direction be given to the respondent authorities for consideration of their case for the promotional post of Principal and grant promotion on the post of Principal against the posts meant for promotion through Lecturer (LB) quota as per the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short, ‘the Rules of 2019’) and further, the impugned promotion process initiated by respondent No.1 by calling the names of Lecturers, E-cadre exclusively and excluding the names of Lecturers E (LB) may be set aside.

4. Return has been filed by the State/respondents stating inter alia that the petitioners were earlier working as Shiksha Karmi Grade-I in various Zila Panchayats when they were absorbed in the School Education Department as per the policy decision taken by the State Government on 30-6-2018 and accordingly, they have been absorbed with effect from 28/29-9-2018 and their post has been renamed as Lecturer E(LB) cadre, and their services are now governed by the Rules of 2019. As per Rule 14 of the Rules of 2019 i.e. appointment by way of promotion, as provided in Schedule-IV, S.No.9, promotion to the post of Principal requires 5 years teaching experience on the post of Lecturer or Head Master in Middle School and the candidate should be a Trained Post Graduate Teacher. Since the petitioners services were absorbed as per order dated 30-6-2018 with effect from 28/29-9- 2018 as Lecturer (LB) and as per clause 4 of order dated 30-6-2018, services of the petitioners on the post of Lecturer (LB) cadre will be counted from the date of absorption i.e. 1-7-2018 and thus, the petitioners have not completed the qualifying period of 5 years on the post of Lecturer (LB), therefore, they cannot be considered for the promotional post of Principal and as such, their writ petitions are liable to be dismissed.

5. Rejoinder has been filed pursuant to the return filed by the State/ respondents controverting the submissions made in the return. No additional return has been filed on behalf of the State/respondents.

6. Mr. Anup Majumdar, learned counsel appearing for the petitioners in W.P.(S)Nos.4341/2020 & 1472/2021, would submit that the petitioners have filed these writ petitions for consideration of their services rendered as Lecturer (Panchayat) for the purposes of promotion only, as the service period rendered as Lecturer (Pa