2025:CGHC:58461 Digitally NAFR ABHIGYAsigned by SAXENA ABHIGYA SAXENA HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2860 of 2023

1 - Tumeshwar Kumar S/o Mr. Shyam Sunder Aged About 35 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School Chhindtola, Block Koylibeda, District U. B. Kanker Chhattisgarh 2 - Mrs. Shweta Bhonsle W/o Mr. Vidyarao Bhonsle Aged About 39 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School P. V. 38, Block Koylibeda, District U. B. Kanker Chhattisgarh 3 - Atma Ram Yadav S/o Mr. Nakul Ram Yadav Aged About 45 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School Nadgaon, Block Koylibeda, District U. B. Kanker Chhattisgarh ... Petitioner(s)

versus

1 - The State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

3 - Director Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

4 - District Education Officer District Uttar Baster Kanker Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Parag Kotecha, Advocate For Respondent(s) : Mr. Sangharh Pandey, Government Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

02.12.2025

1. By way of the present writ petition, the petitioners assail the order dated 30/03/2022 passed by Respondent No. 4, whereby their representations seeking absorption into the Education Department on completion of eight years of service have been arbitrarily rejected. The petitioners submit that in terms of the State Government Policy/Rules, 2018 dated 30.06.2018 and subsequent amendments, an employee who completes eight years of continuous service becomes entitled to absorption with effect from the immediate absorption date, i.e., either 1st January or 1st July of the concerned year, and in the petitioners’ case the effective date should have been 01.07.2018, on which date they had completed eight years of service. However, despite this clear policy mandate, the respondents failed to consider the petitioners’ legitimate claim, and rejected their representations without assigning any cogent reason and in complete disregard of the petitioners’ submissions, thereby violating the principles of natural justice. The impugned order is thus illegal, non-speaking, contrary to the governing policy, and deserves to be set aside with a direction to absorb the petitioners in the Education Department with effect from 01.07.2018.

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

“i The Hon'ble Court may kindly be please to quash/set aside the order dated 30.03.2022 and direct the respondents to absorb the service of the petitioner with effect from 1/7/2018, with all consequential benefit from the initial date of appointment.

ii. Any other relief which the Hon'ble court deems just and proper under the facts and circumstances of the case may also be pleased in favour of the petitioner and the cost of the petition may awarded in favour of the petitioner.”

3. Facts of the case are that the petitioners were appointed as Shiksha Karmi Grade-II by separate orders dated 21.06.2010 issued by the Chief Executive Officer, Jila Panchayat, South Bastar Dantewada, pursuant to which petitioner No.1 joined on 03.07.2010 and petitioner No.2 joined on 08.07.2010 and Petitioner No.3 has joined on 06.07.2010. That, vide order dated 30.06.2018, Respondent No.1 issued a policy providing for absorption of all Teacher Panchayat/Nagri Nikaya employees who had completed eight years of service, followed by a clarification dated 13.07.2018 that where an employee had joined a higher post after obtaining NOC, his/her service shall be counted from the date of joining the lower post; further, by order dated 02.07.2018, it was directed that absorption orders wou