2026:CGHC:4546 RJAATGHVENDRADsRJA iA igg T nG iteH adl V by EyNDRA NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1848 of 2023

1 - Smt. Lata Shriwas W/o Shri Nand Kumar Shriwas Aged About 43 Years R/o H.No.132, Railway Colony Sakti Ward No. 15, District Sakti Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, P O And P S Rakhi, District Raipur Chhattisgarh. 2 - Director Public Instructions Chhattisgarh, Raipur, District Raipur Chhattisgarh.

3 - Divisional Joint Director Bilaspur Division Chhattisgarh. 4 - District Education Officer District Sakti Chhattisgarh.

5 - Block Education Officer Malkharoda, District Sakti Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Aniket Verma, Advocate.

For Respondent(s)/State : Mr. Hari Om Rai, Panel Lawyer.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

27/01/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That the Hon'ble Court May Kindly be Pleased to quash the Order Dated 23/01/2023 passed by Respondent No.4.

10.2 The Hon'ble Court may kindly be pleased to direct the respondent District Education Officer, Saktito consider the seniority of the petitioner from the date of initial date of appointment/joining on post of the Assistant Teacher/Shiksha Karmi Grade-III and further direct the respondent District Education Officer to allow the petitioner to join on his promotional post..

10.3 The Hon'ble Court may kindly be pleased to direct the respondent authority to consider the seniority from initial date of appointment/joining on the post of Assistant Teacher/ Shiksha Karmi Grade-III of the petitioner for the purpose of promotion.

10.4 TheHon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the interest of justice.”

2. Brief facts of the case, is that, the petitioner was initially appointed as Shiksha Karmi Grade-III on a contractual basis vide order dated 05.09.2003 by Gram Panchayat Pondi, District Korba, and was posted at Primary School, Podi. Subsequently, the State Government, through the Panchayat and Rural Development Department, decided to convert the posts of contractual Teacher Grade-III into regular posts of Shiksha Karmi Grade-III, and accordingly, an order dated 24.05.2005 was issued, whereby all contractual Teacher Grade-III employees were regularized; however, for reasons best known to the respondent authorities, the petitioner was neither informed about the said regularization nor allowed to join her promoted place of posting, as her case was kept in abeyance and she was not relieved. Being aggrieved by such inaction, the petitioner filed Writ Petition No. WPS 9299/2022 before this Hon’ble High Court, which, vide order dated 04.01.2022, directed the respondents to decide her pending representation regarding joining at the promotional post; however, no opportunity of hearing was afforded to the petitioner before passing the adverse impugned order. Despite her name being reflected in the list of promoted employees, the respondents failed to inform her about the alleged cancellation of her promotion. Thereafter, a Departmental Promotion Committee was constituted for promotion to the post of Head Master, Primary School, and after scrutinizing the eligible candidates, it duly recommended the petitioner’s name, pursuant to which she was promoted vide order dated 17.11.2022 under the provisions of the Chhattisgarh School Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019; however, even thereafter, the respondent authorities failed to relieve the petitioner without any justifiable reason, compelling her to file the present petition.

3. Learned counsel for the petitioner submits that the inaction and apathetic attitude of the respondent authorities are unreasonable,