^ ^^ \u\0\1 !SH II] Writ PetiSon (S) ,"o. 557S of 20)7 B: Krishnaial Kaushik, S/o. Late Lakhan Prasad, Aged aboui 57 years, Upper Division Teache.r, Govt. Giris Higher Seoondary Schoo!, Janjgir, Biock - Navagarh, Distt: Janjgir Champa (CG). Chedilai Gopai, S/o. Shri Budhram Yadav, aged about 60 yeare, Upper Division Teacher, Govt. (Bahu) Higher Secondary School, janjgir, Biock - Mavagarh, Distt. Janjgir- Champa (CG}. State of Chhattisgam, fhrouah the •Secreiary Educat'on DepartT'ent, Bhawan, ^^ i/ <^ 2) 3) raiaya, Li.r\.o. Raipur (CG). The Direotor, Public Instruction Chhattisgam Go'/ernment, Raipur, The Distriot Education Officer, Dist. Janjgir-Champa (CG). 4) The Btock Educatbn Offioer, Block-Nayagarh, Dist. Janjgir Champa (CG). (Writ Petition under Article 226 of the Constitution of inciia) >B: Hon'bte Mr. Satish K. Agnihotri, J. Shri Anii Singh Rajput, counsel for the petitionere. Shri A.-vind Dubey, Panel Lawyer for the State. (Passedon 10THJanuary,2008$ By thte petition, She pstitioners seek quashing of the order dated 26-5-2007 (Annexure P/9) passed by the District Education Officer, whereby the promotions of the petitioners have not bsen considered for Second Krammonati. 2) Learned counsei appearing for the petitioners submits that the petitioners were appointed as Upper Division Teachers in Governmeni Schoois way back. After compietion of t#e!ve years of thsir services, z- ^ Shey have been granted First Krammonati. The petitioners are entitied to Second Krsmmonati after compietion of twenty-four years of their service. Learned counsei has referred to the Cireuiar dated 24-4-2006 (Annsxure P/3) whereunder, it appears that the teachers are eniitled to Second Krammonati with effect from 1-8-2003 in case iftey have completed tiivenfry'-four of servicss befors that dsts and the benefit of the same wouid be made avsiiabie with effect from mareh 2006. 3) Learned counse! further submits that Sha respondent No.3 issued a promotion Sist on 21-9-2005 (Annexure P/5) whereby the petitioners were Dromoted. but thev did not join the post of Head ?»'!asters. The petffioners chose to continue on the oost of Upper Division Teachers. n The ciroular dated 17-3-1999/19-4-1999 (Annexure P/2) issued by the General Administration Department, Government of Chhaitisgarh, provides for grant of Krammonati in case an empioyee couid not get a promotion between 12 years to 24 years. In the event, the employses decline So accspt promoted post, ihey are not entitied to bsnefits of Krammonati undsr the cireular dated 17-3-1999/19-4-1^9. The subseauent cireuiar dated 24-4-10£®(Annexurs P/3) issued bv the Generai Administration Department, reiied on by ths petitioners provides for the next scais as per terms and conditions prescribed in the eariier cireuiar dated 17-3-1999/19-4-1999. This is admittsd case of the Detmonsrs thst the oetitioners were oromoted to the post of Hsad Masters vide select iist dated 21-8-2005 (Annexure P/5). The oetitioners dec'iined to accept the promotion and seek for benelit of Kramrrionati. 5) On perusai f^f the cireuiars, it is crvstai clear Shat benefit of First/Second Krammonati can be granted only in case of iack of 3 - o opportunity of promotion/upgradation. The petitioners have aiready been granted First Krammonati after compietion of 12 years and ttiereafter promotions were offered to the petitioners which they refused to accept. Thus, the petitioners have no right to ciaim benefits of the dreuiars dated 17-3-1999/19-4-1M9 (Annexure P/2) and 24-4-2006 (Annexure P/3). S) in view of foregoing, there is no merit in the case. The petttion is accordingiydismissedsummarily. | g^/. Satish K. Agnihofri Judge Raju