IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.No.375i^Of 2006 PETITIONER: [^•^" x^[^'./ 7.^?"'./-"/ 'A-'^A' ..••" <^€^ /^r ^^! 'y Smt. Juoti W/o Sohan Jangdey (Jaswani), aged about 32 yrs, Occupation Service Shiksha Karmi Grade-2 Presently posted at Govemment Middle School Village Balpur, Janpad Panchayat Bilaigarh Distt Raipur (C.G). VERSUS RESPONDENTS: 1 Sate of Chhattisgarh Through Secretary Panchayat & Social Welfare Department, D.K.S Bhavan Mantralay , Raipur (C.G). «&' ^.GO^ ,<^^T^ rr'5^^0^ '•-J /f^" ^ w ^- 2. Zila Panchayat Raipur Through Chief Executive Officer Zila Panchayat Raipur (C.G). 3. Chief Exeeutive Officer ZUa Panchayat Raipur (C.G). ^" 4. Janpad Panchayat Byaigarh Through Chief Executive Officer / Janpad Panchayat Bilaigarh Distt. Raipur (C.G) 5. Chief Executive OfGcer Janpad Panchayat Bilaigarh Distt. Raipur (C.G) 6. District Education Officer, Raipur (C.Gj 7. Block Education Officer BUaigarh Distt. Raipur (C.G) WMT PETITION UNDER ARTJCLE 2!i26/227 OF THE CONSTITUTION OF mDIA XI-HC-78 HTtRTi aw TsraTpn^pr^ a^fl+f'Kc, Ridiyt4< ^^^^•r)-^^ 200^ 3TI^?T 'iVO ('f^sK^r) sT'i^T^rRaNi craTsn^Tshtilqi .??tTRR:nf5(T3f1^r °hi<il<?i<fl-i IIHMT^''I®^'<,R|WI< ^isrf^q'sn^r 3.8.2006:- Shri S.N. Nande, counsel foii the petitioner. Shri Vinay Pandey, Panel L^wyer for respondents No.1, 6 and 7, on advance copy. l-1eard both the counsel. By the instant petition, th^ petitioner has chatlenged the order dated 3-7-2006 whereby the prom|otion order of the petitioner has been recalled. Rule 12 of the Chhatt|sgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Sei|vtee) Rules, 1997 (for short 'the Rules, 1997) provides for an appeal agaiil st the order passed under these rules which envisages that appeal again|st the order passed under these rules may be made as per provisions of |the Adhiniyam. Rute 8 is pertaining to promotion to be made through Dep^rtmental Promotion Committee. In the present case, the peflitioner was promoted from the post of Shiksha Karmi Grade-lil to Gr^de-11 vide order dated 23-5-2006, Annexure-P/2. After promotion, c|srtain representations and complaints were made against the promotion on transfer from other Districts that certain teachers who have come ^nd Janpad Panchayats have been promoted on the basis of their orfeinal seniority whereas, they ought to have been considered treating theifn at the bottom on the post of Shiksha Karmi Grade-ill, when they join|ed at the transferred piace, after examining the complaints and n District Panchayat, Raipur passed < Court, preferred an appeal^efore tl presentations, the Executive Officer, he impugned order. As under Rule 12 the said order can be challengled before the appellate authority, therefore, the petitioner ought to lave, instead of coming directly to this fie appropriate authority under Rul®12, P.T.O. r/- XI-HC-78 35T '<<l'i<ld<<, ®Tny'l6,(s|cliyy< *(MMI St»»(|th w?r 200 sn^rTare (1^3^?) sn^r q>T R-fi* (raran^ishiiicti Barve ^RTTWTlfi^TSn^T -^' as such, on this ground, 1 am ofth^ not maintainable andthe same is di The petitioner to approach tt^ the Rules, 1997 and the time petition shall be condoned by the appeal filed by thepetitioner. ConsequenUy, M.(W.)P; No. considered opinion that this petition is ismissed. )e appellate authority as per Rule 12 of by the petitioner in filing this writ aj)pellate authority while entertaining the sp^nt +wffl41-f WRlf if fS<^V <fa<-AI<. ^srf^ITSfT^T 956/2006 also stands disposed of. Sd/- L.C.Bhadoo Judge ^ ^ P.T.O.