ORDER ON BOARD

21/10/2024

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1. That, this Hon’ble Court may kindly be pleased to call for the records pertaining to the instant case.

PAWAN KUMAR

10.2. That, this Hon’ble Court may kindly be pleased JHA Digitally to pass writ/ writs, direction/ directions to the signed by PAWAN KUMAR JHA Respondent No. 3 to consider the case of the petitioner for the absorption in the School Education Department in the interest of justice.

10.3 That, this Hon’ble Court may kindly be pleased to pass writ/ writs, direction/ directions to the Respondent No. 3 to consider and decide the representations of the petitioner within a stipulated period of one month in the interest of justice.

10.4 Any appropriate writ/ writs, direction/directions or order may kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.”

2 Learned counsel for petitioner submits that petitioner was initially appointed to the post of Siksha Karmi vide order dated 13.09.2013. Pursuant to the policy decision taken by the State Government, the Siksha Karmi who has completed 8 years of service on the date of implementation of Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019 were absorbed in the School Education Department. However for others condition was that they should complete two years of service from the date of issuance of Rules of 2019, petitioner has completed two years of service. However, till date service of petitioner has not been absorbed in the School Education Department due to which petitioner will suffer loss of seniority. He also contended that Respondent No. 6 wrote letter to Respondent No. 3 on 03.03.2023 along with proposal for absorption of petitioner in the School Education Department, however, even after lapse of one and a half year no order has been passed in this regard. Petitioner has also submitted a representation on 03.10.2024 before Respondent No. 3, even that was not considered and therefore direction may be issued to Respondent No. 3 to take decision on the claim of petitioner for his absorption in the School Education Department as also the representation dated 03.10.2024 within specified time.

3 Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner seeking direction to Respondent No. 3 to take decision on the pending representation, he is having no objection to the limited prayer.

4 I have heard learned counsel for parties and perused the documents placed on record.

5 Perused the document Annexure P-5 which is a letter written by Respondent No. 6 to Respondent No. 3 through which Respondent No. 6 forwarded proposal in prescribed formate for absorption of petitioner in School Education Department, the said letter is dated 03.03.2023. Petitioner thereafter also submitted representation before Respondent No. 3.

6 Considering the submission of learned counsel for petitioner that even after the letter/ proposal forwarded by Respondent No. 6, no order has been passed and further the representation submitted by petitioner is also pending consideration, this writ petition at this stage is disposed of directing Respondent No. 3 to consider the claim of petitioner pursuant to letter dated 03.03.2023 forwarded by Respondent No. 6, as also to decide the representation submitted by petitioner, in accordance with law on its own merit expeditiously preferably within a period of 08 weeks from the date of receipt of order passed by this Court.

7 At this stage, learned counsel for petitioner submits that he may be permitted to submit a fresh representation before Respondent No. 1 also, and the concerned authority may also be directed to consider and decide the same.

8 In view of above submission made, petitioner will be at liberty to submit representation before Respondent No. 1 along with all supporting documents. If such a represent