2025:CGHC:59816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6947 of 2016

1 - Dinesh Kumar Rathore S/o Shri R. K. Rathore, Aged About 47 Years Working As Upper Division Teacher, Government High School, Dhurkot, Block Nawagarh, District Janjgir Chapa, Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2 - The Director, Directorate Public Instructions, Indrawati Bhawan, Block 3, First Floor, Naya Raipur, District Raipur, Chhattisgarh.

3 - District Education Officer, Janjgir Champa, District Janjgir Champa, Chhattisgarh.

4 - Shri Narendra Giri Goswami, Working As Lecturer, Higher Secondary School, Lormi, District Mungeli, Chhattisgarh.

... Respondents For Petitioner : Mr. Jitendra Pali, Adv.

For State : Mr. H.A.P.S. Bhatia, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

09/12/2025

1. This petition is filed under Article 226 of the Constitution of India against the order dated 16.09.2016 (Annexure P/1) issued by respondent No. 2, whereby the claim of the petitioner for promotion to Digitally signed by HEERAHEERA LAL LAL SAHU Date:

SAHU 2025.12.10 +0530 the post of Lecturer (Mathematics) in School Education Department has been rejected.

2. As per the petitioner, the brief facts of the case are that the petitioner was initially appointed to the post of Lower Division Teacher on 26.04.1989. The petitioner was promoted as Upper Division Teacher on 02.02.2009 (Annexure P/2). The petitioner is presently working at the Government School, Dhurkot, Block Nawagarh, District Janjgir-Champa. Further, the petitioner was granted seniority in the post of the Upper Division Teacher w.e.f. 18.08.2008 by order dated 23.01.2015 (Annexure P/3) of the District Education Officer, Janjgir-Champa (C.G.). The petitioner has completed more than 5 years of service. The respondent State has framed the recruitment and promotion rules under the proviso to Article 309 of the Constitution of India, namely Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008 (for short the Rules, 2008). The aforesaid Rules, 2008, would govern the recruitment for the posts of the Lecturer. The respondent No. 2 issued promotion orders on the post of Lecturer after consideration and recommendations of the cases of Upper Division Teachers by the Departmental Promotions Committee. Promotion orders dated 16.06.2012, 21.01.2013 and 30.04.2015 are annexed herein as Annexure P/4, Annexure P/5, but the name of the petitioner was not considered for promotion.

3. Further, the case of the petitioner is that the petitioner was promoted as Upper Division Teacher on 02.02.2009, but he was not given seniority from the date of his eligibility. The petitioner approached the authority where his case was considered, and he was granted seniority in the post of the Upper Division Teacher from 18.08.2008 by order dated 23.01.2015 of the District Education Officer, Janjgir-Champa. The petitioner thereafter made representations to the authorities with regard to promotion of the junior persons (Upper Division Teachers) to the post of Lecturers, but nothing was done. The petitioner filed a writ petition bearing number WPS No. 2138/2015 against the inaction of the respondents for not considering their case of the petitioner for promotion by the State authorities, which is a clear violation of the fundamental right. The aforesaid writ petitioner was disposed of on 22.06.2015 (Annexure P/6) with a direction that in the event the petitioner submits fresh representation within a period of one month from the date of the order, the competent authority shall consider and decide the same by a speaking order within a further period of three months. The petitioner submitted a representation along with the order passed by this Court before the district education officer on 06.07.2015 (Annexure P/7). On 16.09.2016 (Annexu