Employees absorbed into a new department under specific terms that exclude prior service for the purpose of service benefits are precluded from claiming promotion or time-bound pay scales based on their previous tenure.

NAFR

AVINASH SHARMA

Digitally signed by AVINASH SHARMA

Date: 2026.02.28 18:53:46 +0530

C A V Order

1. By way of this petition, petitioners are challenging the order dated 31.10.2022 passed by the District Education Officer, District Gariyaband, Chhattisgarh by which, name of the petitioners has not been considered for promotion on the post of Head Master, Primary School, whereas, name of juniors to the petitioners have been considered. The petitioners are also challenging the inaction on the part of respondents in not granting time bound pay scale to them after completion of 10-20 years of service on the same post.

2. The petitioners are praying for the following reliefs:-

10.1 That, Hon'ble Court may kindly be pleased to direct the respondents to produce the entire records relating to the case of the Petitioner's.

10.2 That, Hon'ble Court may kindly be pleased to issue a Writ in the nature of Certiorari/Mandamus and direct the respondents to consider their case for promotion on the post of Head Master, Primary School, from the date when the others and juniors have been promoted i.e. from 31.10.2022, with all consequential benefits.

10.3 That, Hon'ble Court may kindly be pleased to direct the respondents to place the seniority of petitioner's over and above their juniors.

10.4 That, Hon'ble Court may kindly be pleased to direct the respondents to grant time bound pay scale for which they have been eligible after completion of 10 and 20 years of services on the same post.

10.5 That, any other relief which this Hon'ble Court deems fit any proper in the facts and circumstances of the case.

3. The facts briefly stated are that the petitioners were initially appointed as Shiksha Karmi Grade-3 for a probation period of 3 years in the erstwhile Madhya Pradesh State and their service was governed from the Madhya Pradesh Panchayat Siksha Karmi (Recruitment and Service Condition) Rules, 1997 (hereinafter referred as Rules). After formation of State of Chhattisgarh, the services of the petitioners have been placed under the respondent no.2 and control of respondent no.7 and after completion of probation period, their services have been regularized. The details of the petitioners are mentioned as follows:

4. Subsequently, vide order dated 10.08.2018, services of the petitioners have been absorbed as Assistant Teacher (L.B.) E-Category in the School Education Department under the respondent no.1 and control of respondent no.6 and 8. Respondent no.6 has prepared seniority list of Assistant Teacher (L.B.) E-Category and published as on 01.04.2022 and vide its letter dated-18.10.2022 it has been directed to the concerned Block Education Officer to publish the said list in their office for information of concerned teachers. In the seniority list published as on 01.04.2022, the name of petitioners are shown at Sl. No. 89, 41 and 128, respectively. Thereafter, on consideration of seniority-cum-merit, on the basis of seniority list published as on 01.04.2022, the respondent no.6 has issued impugned order dated-31.10.2022, whereby, total 170 Assistant Teacher (L.B.) E-Category have been promoted on the post of Head Master, Primary School. When the matter was inquired by the petitioners then it came to their