C2(?)^Z^ ^l^ll' IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.R(S,) N0. 53<^^ /2010 ^ PETITIONER: Daku Ram Kanwar S/o Mohan Lal, aged about 40 years, Occupation Peon, at Government Higher Secondary School Amandi, District Dhamtari (C.G.) VERSUS RESPONDENTS 7A^^ ^%^p .<^»^ ^..^w\y ./..^y" ^ .^°'"^.- ..•••" ^y^ ^" ' State of Chhattisgarh Through : The Secretary Education Department D.K.S. Bhawan Mantralaya Raipur (C.G.) The Director Public Instruction Directorate-Education Department Pension Bada Raipur (C.G.) Deputy Director Public Instruction Directorate Education Department Pension Bada Raipur (C.G.) District Education Offlcer, Dhamtari Distt Dhamtari (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^- The petitioner most humbly and respectfully beg to submit as under : ^^ "^r ?<<iicb ^yr ^nt^T sFpN? [ ^ l"«Nfc ^ HW^K^iI^i '3^T ^i!^ld'4, ^TTi'i-i^Ko, !®i<rlt<H^< ,..b)..£6l..^.:....^3.4/.^ ^n^T r(^w (^3^1) ^CTW^f^d 3T?^T SB: Hon'ble Shri Manindra IVIohaln Shrlvastava* J 08-07-2010 Shri S.K.Oadsena, eounsel 1 account of non-wnsiderafion of hi^ of Assistant Grade-111. Submission of leamed courl ^i^<fl^ ^fTR^yf ^f ft^ TN^R '^^ifpfH^i^i |)r the petitior^r. Ms. Sangeeta Mishra, Parjel Lawyer for the ©tate/respondentson advance c^>y. The petittoner has approaclted this Court ventilating his grieyance on case for promotion to the n@}d h^her post isei for the petitioner is that the petltjoner who was eariier work^ng as contin|gent empioyee was later on absorbed on regular establishment as peon. it |s further submitted ttiat in the hierafchy of posts, a peon is entitied to be t^nsidered for promotloii to the post of Assistant Grade-111 and respondent^ / District Eclucation Offlcerf Dhamtarl has been passing orders of proinotion ^»fpeons to the post of A^istant Grade-111 and such orders are placed on recjord. ReTerring to the ^rovistons eontabiied in Rule 7, Sub Rute 5 of Chhattisg^rh Lok Seva (Padonnati) Niyam, 2003, it is submitted that DPC is required to 4®held every year to constder tie eligibUlfy of candidates for promotion to thejnext higher post subject to ttie availabilify of vacancy. Learned eounsel for tt^e petitioner draws attentlon @f this ©ourto memo dated 1/1/2010 (Annexur^ P/6) issued from the ofRce of District Educatlon Officer, Dhamtari showiijig 133 vacant posts of Assistarrt Grade-111. Attention of this Court is also drawitt to ttie orders dsAed 16/10/06 and 29/9/07 by which peons have been consid^red and promoted to the next higher po^ of Assistant Grade-111. ^147—2/2010—1,00,000. ,.-^i- -y- ~"\ f 1 %. ^-^ v~^^^'' ^^ 'SFT R-lJcb 'cCT^T^T Sl^W^ ^ Dwpti •'t" \^ <?myirw^s'^» ~5~^r ^TPTT^R, ^€i^pT?,f^rray J^..E§S...^.-....3.3.5.i1rJ;( ^T?^T XR^? ( ^i^^?) ^^nw^ft'cT ^TT^T --?- Takjng into Gonsideratlon th( dispose of this petition finally with c|irections Accordingly, respondwit representation made by the petitlo^er Subject to availabllily of vacancy relevant ruies, respondent No.4 shjaH for consideration, in accordance Niyam, 2003. With the aforesaid observatit No<4 is dlrecAed to cwisider the indMdually/collectlveiy w3Qf04t2QW. ^nd ttie petltioner belng eligibte unctor th® also consider the ease of ttie petittoner jwith ChhatBsgarti Lok Seva (Padonnati) <^Nf<r<^1vi ^TOf^f ^ fe^i 'yf^y^R ^'^fCTW^T ^ submisslons, it would be appropriate to |>ns, the petitton is finally (iiapc^ed <rff. Sd/- Manindra Mohan Shrivastava Judge ^rcrf^ ^hN ^rr^^, .^R-hFrR —FS/147—2/2010 —i ,00,000. i