VISHAKHA BEOHAR NAFR Digitally signed by VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 204 of 2023

1 - Gulab Chand Bhaskar S/o Shri Abhay Ram Bhaskar Aged About 53 Years Presently Working Assistant Teacher (Science) (T-Lb Cadre) At Swami Aatmanand English Medium School, Gharghoda, District Raigarh Chhattisgarh.

... Petitioner(s)

versus

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

3 - Divisional Joint Director Bilaspur Division, District Bilaspur Chhattisgarh.

4 - District Education Officer, Raigarh, District Raigarh Chhattisgarh.

... Respondents (Cause-title taken from the Case Information System)

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For Petitioner :- Mr. Anchal Kumar Matre, Advocate For State :- Mr. Rahul Tamaskar, G.A.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

26.11.2025

1. The instant writ petition has been preferred seeking a direction to the respondent authorities to determine the seniority of the petitioner from the initial date of her appointment as Assistant Teacher/Shiksha Karmi Grade-III and not from the date of joining at the transferred place of posting, as the District Education Officer, Raigarh has issued a gradation list contrary to the gradation list prepared by the Divisional Joint Director, Bilaspur Division, wherein the petitioner’s seniority has rightly been reckoned from her initial appointment in the year 2006 at High School Khadgaon, Block Dharamjaigarh, District Raigarh; that the petitioner was subsequently transferred on her own request from Block Dharamjaigarh to Block Gharghoda within Raigarh district; that pursuant to the Notification dated 30.06.2018 issued by the Secretary, Department of School Education, employees who had completed eight years of service as on 01.07.2018 in Panchayat & Urban Administration were to be absorbed in the School Education Department and accordingly the petitioner’s services were absorbed vide order dated 10.08.2018; that despite calculating eight years of service for absorption from the petitioner’s initial appointment, the respondents have arbitrarily and illegally considered the date of joining in the transferred place for determining seniority in the gradation list as on 01.04.2022; that the respondents have failed to appreciate that the promotional post of ‘Teacher’ is a divisional-level post and that the seniority of Assistant Teachers is required to be maintained at the divisional level; and that, in the absence of any rule in the School Education Department providing that seniority shall be reckoned from the date of joining in the transferred place of posting, the petitioner’s seniority ought to be determined from her initial date of appointment. Hence this petition.

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

“10.1 The Hon'ble Court may kindly be pleased to direct the respondent District Education Officer, Raigarh to consider the seniority of the petitioner from the date of initial date of of Assistant appointment/joining on the post Teacher/Shiksha Karmi Grade-III and further direct the respondent District Education Officer, Raigarh to prepare a fresh gradation list to the post of Assistant Teacher/ Shiksha Karmi Grade-III with calculating the seniority from initial date of appointment;

10.2 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 promotion to the post of Teacher.

10.3 The Hon'ble Court may kindly be pleased to consider representation submitted by petitioner and/or grant any other