Advocates:
['A S RAJPUT', '', 'ANUSUEYA RAJPUT', 'A G']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPS No. 3419 of 2016

1. Deepak Kumar Sahu S/o Shri Dashrath Lal Sahu, Aged About 33

Years Assistant Teacher (Panchayat) At Govt. Primary School,

Pahra, Police Station Nadini Nagar, Ahiwara, Block Dhamdha Civil

& Revenue Distt. Durg (Chhattisgarh)

2. Triveni Bharti D/o Shri Santram Bharti, Aged About 32 Years

Assistant Teacher (Panchayat) At Govt. Primary School, Pahra,

Police Station Nadini, Block Dhamdha, Civil & Revenue Distt. Durg

(Chhattisgarh)

3. Nandu Lal Lenjhare S/o Shri Mohan Lal Lenjhare, Aged About 34

Years Assistant Teacher (Panchayat) At Govt. Primary School,

Khursul, Police Station Pulgaon, Block Durg, Civil & Revenue Distt.

Durg (Chhattisgarh)

4. Smt. Namrata Dewangan D/o Shri Shatrughan Lal Dewangan, Aged

About 31 Years Assistant Teacher (Panchayat) At Govt. Primary

School, Pathariya, Police Station Ahiwara, Block Dhamdha, Civil &

Revenue Distt. Durg (Chhattisgarh)

5. Santosh Kumar Siware S/o Shri Ramadhar Siware, Aged About 40

Years Assistant Teacher (Panchayat) At Govt. Primary School,

Birejhar, Police Station Bori, Block Dhamdha, Civil & Revenue Distt.

Durg (Chhattisgarh)

6. Yogesh Kumar Verma S/o Shri Ganesh Ram Verma, Aged About 32

Years Assistant Teacher (Panchayat) At Govt. Primary School,

Gadadih, Police Station Bori, Block Dhamdha, Civil & Revenue

Distt. Durg (Chhattisgarh)

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Rural

Development Department, Mantralay, Mahanadi Bhawan, Naya

Raipur, Distt. Raipur (Chhattisgarh)

2. District Panchayat, Durg, Through Its Chief Executive Officer, Distt.

Durg (Chhattisgarh)

3. Janpad Panchayat, Dhamdha, Through Its Chief Executive Officer,

Distt. Durg (Chhattisgarh)

4. Block Education Officer, Block Dhamdha, Distt. Durg (Chhattisgarh)

5. Chief Executive Officer, Janpad Panchayat, Durg, Distt. Durg

(Chhattisgarh)

6. Block Education Officer, Block Durg, Distt. Durg (Chhattisgarh)

---- Respondents

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For Petitioner

:

Mr. A.S. Rajput, Advocate

For State

:

Mr. S.P. Kale, Dy. Advocate General

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Hon'ble Shri Justice Manindra Mohan Shrivastava

Order On Board

04/08/2016

Heard on admission.

1.

The grievance ventilated through this petition is on account of non

consideration of petitioners' cases for promotion on the next higher

post of Teacher (Panchayat).

2.

Learned counsel for the petitioners submits that the petitioners are

in public employment with avenue of promotion provided under the

Govt. recruitment rules known as Chhattisgarh Teacher (Panchayat)

Cadre (Recruitment and Conditions of Service) Rules, 2012. It is

submitted that the petitioners have completed minimum eligibility of

7 years and large number of posts of Teacher (Panchayat) are lying

vacant. The petitioners enjoy a very high position in the seniority list

and is therefore within the zone of consideration. However, till date,

respondents have not considered the cases of the petitioners for

promotion.

3.

Learned counsel for the State submits that this grievance can be

ventilated by the petitioners invoking the remedy of statutory

representation to the competent authority as provided under Rule

18 (1) (b) of the Panchayat Service (Discipline and Appeal) Rules,

1999 (for short “the Rules of 1999”). A perusal of the aforesaid

Rule clearly provides that a member of the Panchayat Service may

make representation against an order which amongst others, denies

promotion to a higher post or service to which is otherwise eligible

according to recruitment rules and which is due to him in

accordance to seniority.

4.

This Court, in similar cases, has already disposed off the petition

with a direction