Order on Board

1. The petitioner has filed this petition seeking the following reliefs:-

“10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the seniority of the petitioner w.e.f. 27.10.2006 inspite of 28.08.2010 in the gradation list.

10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioner as per the notification dated 22.01.2022.

10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”

2. Learned counsel for the petitioner would submit that the petitioner was appointed to the post of Shiksha Karmi Grade-III vide order dated 27.10.2006 in Municipal Council Kawardha. He would contend that vide order dated 10.8.2010, the services were transferred to Pandariya, District Kawardha. It is also contended that the services of the petitioner were absorbed in the School Education Department and thereafter, a gradation list was published on 1.4.2021 in which the date of joining of the petitioner has incorrectly been shown as 28.10.2010, whereas the date of appointment is recorded as 27.10.2006. He would further submit that a direction may be issued to the respondent authorities to rectify the said discrepancy. It is also submitted that the wife of the petitioner was likewise appointed to the post of Shiksha Karmi, and the petitioner had moved an application for the transfer of his services from Kawardha to Pandariya on the ground of the husband and wife, and it was accepted. He would argue that since the transfer took place within the same District, the concerned authorities were under an obligation to maintain his seniority from the date of his initial appointment.

3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that the petitioner, on his own request, sought transfer from one Janpad Panchayat to another, and as such, his seniority would be counted from the date of transfer. He would also submit that the petition deserves to be dismissed.

4. I have heard learned counsel for the parties and perused the documents, including the circular dated 22.1.2022.

5. The circular dated 22.1.2022, issued by the Divisional Joint Director, Education Division, Raipur, would make it clear that when a teacher is transferred from one District to another, his seniority would be counted in the transferred district from the date of such transfer. However, in the present case, the services of the petitioner were transferred within the district Kawardha on his own request, as his wife was posted at Janpad Panchayat, Pandariya; therefore, the respondent authorities ought to have maintained the seniority of the petitioner from the date of his initial appointment i.e., 27.10.2006.

6. Considering the above-discussed facts, the petitioner is permitted to make a representation before respondent No. 4 within a period of 15 days from today and in turn, the authority concerned is directed to consider the representation and take an appropriate decision with regard to the seniority of the petitioner, preferably, within a period of 45 days from the date of receipt of a copy of this order.

7. With the aforesaid observation(s), the present petition is disposed of