& c^^l^ BEFORE THE HON'BLE HIGH COURT OF CHATTISGARH AT BILASPUR W.P.(S) N0. ^ll-^ / 2009 PETITIONERS 1. Mukesh Kumar Sahu, S/o Shri Thakur Ram Sahu, Aged about 37 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Kachandur, Block Gundardehi, Distt. Durg (C.G.) ^ p;e! q "?,.<sl ^^"^^ •/-:;"v^^-^3... ' ^^b'"2-^' . Mohit Kumar Dewangan, S/o Shri Amar Lal Dewangan, Aged about 45 years, Presently working as Shiksha Karmi Grade I, Govt. Girls Higher Secondary School, Arjunda, Block Gundardehi, Distt. Durg (C.G.) Yugal Kishore Sahu, S/o Shri Roop Das Sahu, Aged about 38 years,, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Kachandur, Block Gundardehi, Distt. Durg (C.G.) Mahendra Kumar Soni, S/o Shri Kesh Lal Soni, Aged about 42 years, Presently working as Shiksha Karmi Grade II, Govt. Middle School, Khapri, Block Gundardehi, Distt. Durg (C.G.) Komal Singh Kulhare, S/o Shri Joidharam, Aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Gundardehi, Block Gundardehi, Distt. Durg (C.G.) Bhupesh Kumar Yadav, S/o Shri Babulal Yadav, Aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Adarsh Higher Secondaiy School, Arjunda, Block Gundardehi, Distt. Durg (C.G.) VERSUS RESPONDENTS 1. State of Chhattisgarh - through the Secretary, School Education Department, DKS Bhavan, Raipur (C.G.) 2. State of Chhattisgarh - Through the Secretary, Panchayat and Rural Developraent Department, DKS Bhavan, Raipur (C.G.) 3. The Director - Cum Commissioner, Directorate of Public Instructions, Raipur (C.G.) 4. The Additional Director, Directorate of Public Instructions, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^F HIGH COURT OF CHHATTISGAllH: BILASPUR DIVISIQN BENCH: HON'BLE SHRI DHIRENDRA MISHR^ HON'BLE SHRI R.N. CHANDRAKAR. JJ Writ Petition (sl No.6046 of 2008 PETITIONERS: : Mohan Lal Patel & others -Versus- RESPONDENT: State of Chhattisgarh & another Writ Petition is) No.6717 of 2008 PETITIONERS: : Girdhari Lal Verma& others -Versus- RESPON6ENT: State Govt. of Chhattisgarh & another Wnt Petition (sVNo.7190 of 2008 PETITIONERS: : -Versus- RESPONDENT: Dr.(Smt.) Kamla Sharma & others. State of Chhattisgarh & others. 111 B sa Writ Petition (sl No.479 of 2009 PETITIONERS: : SS Bargoti & others. -Versus- RESPONDENT: : State of Chhattisgarh & others. Writ Petition (sl No.5756 of 2008 PETITIONERS: : -Versus- RESPONDENT: Kamal Kishore Sahu & others. State of Chhattisgarh gjgB ^m^ Writ Petition fs) No.6367 of 2008 PETITIONERS: Giri Raj Sharan Singh & others. ^ -Versus- RESPONDENT: State of Chhattisgarh & others. And Writ Petition (sl No.245 of 2009 PETmQNERS: -Versus- RESPONDENT: Mukesh Kumar Sahu & others. State of Chhattisgarh & others. ^ QRDER FOR CONSIDERATION Sd/-_. JUbGE ^ .7.2009 i •I -il HON'BLE SHRI R.N. CHANDRAKAR. J ^) Sd/- R.N.Chandrakar Judge ^ POST FOR ORDER ON <^3 JULY. 2009 Sd/- DhirendraMishra Judge \^v HIGH COURT OF CHHATTISGARH: BILASPUR DIVISION BENCH: HON'BLE SHRI DHIRENDRA MISHRA. & HON'BLE SHRI R.N. CHANDRAKAR. JJ Writ Petition (s) No.6046 of 2008 PETITIONERS: 1. 3. 4. 5. RESPONDENT: -Versus- 1. k 2. Mohan Lal Patel, S/o Shri DR Patel, Aged about 51 years, R/o Behind Family Planning Office, Jorapara, Sarkanda, Bilaspur, Tahsil & District BilasDur (CG} Vinod Kunar Shukla, S/o Shri Lakhan Lal Shukla, aged about 46 years, R/o Kududand, Mangla Road, Opposite, Sanadya Kirana Dukan, Bilaspur, District Bilaspur (CG) Falguni Mandal, S/o Shri NC Mandal, aged about40years, R/o New Sarkanda, Bangalipara, Bilaspur, District Bilaspur (CG) Rajesh Soni S/o Shri MK Soni, aged about 42 years, R/o Bangalipara, Street No.3, Bilaspur, District Bilaspur (CG) Dilip Kumar Thethwar, S/o Shri NP Thethwar, aged about 41 y^ars, R/o Bangalipara, New Sarkanda, Bilaspur, District Bilaspur (CG) State of Chhattisgarh : Through Secretary School Education Department, DKS Bhawan, Raipur (CG) Director, Public Instructions, Directorate, Raipur (CG) Writ Petition (s) No.6717 of 2008 PETITIONERS: Girdhari Lal Verma, age about 57 year, Headmaster, S/o Shri Nilkanth Verma, Govt. Hr. Sec. School Devari, Bhatapara, Distt. Raipur (CG) Dhandhu Ram Sahu, age about 57 years, Lecturer S/o Late Shri Ajeet Ram Sahu, Pt. Chakrapani Shukla Govt.Multi Hr. Sec. School Baloda Bazar, Distt. Raipur (CG) 3. 4. 5. 6. 7. 'A 8. 9. RESPONDENT: -Versus- 1. 2. 2 \^D- Lekhram Sen age about 58 years, Lecturer S/o Late Shri Chandu Lal Sen, Pt. Chakrapani ShuklaGovt.Multi Hr. Sec. School Baloda Bazar, Distt. Raipur (CG) Durga Ram Sahu, age about 58 years, Lecturer, S/o Late Shri Ludru Ram Sahu, Govt. Hr. Sec. School Jara (Palari) Distt. Raipur (CG) Ganga Ram Kaiwart, age about 57 years, Lecturer, S/o ShriMohan Lal Kaiwart, Govt. Hr. Sec. School Katagi Block Kasdol Distt. Raipur (CG) Ram Kumar Dubey, age about 57 years, Lecturer, S/o Shri Ram Prasad Dubey, Govt. Hr. Sec. School, Palari, Distt. Raipur (CG) Vinod Shankar Kaushik, age about 61 year, Lecturer S/o Shri Ram Vilash Kaushik, Govt. Multi, Hr. Sec. School, Bhatapara, Distt. Raipur (CG) Dileram Sahu, age about 57 year, Lecturer S/o Shri Shobhit Ram Sahu, Govt. Hr. Sec. Schoot Kasdol Distt. Raipur (CG) Umed Ram Sahu, Age about 58 year, Headmaster S/o Shri RK Sahu, Govt. Middle School Kodwa, Distt. Raipur (CG) State Govt. of Chhattisgarh : Through the Secretary School Education Department, DKS Bhawan, Raipur (CG) Sanchalak, Lok Shikshan Sanchanalaya, Raipur, Distt. Raipur (CG) Wj-itPetition (sl No.7190 of 2008 PETITIONERS: 1. 2. Dr.(Smt) Kamla Sharma, W/o Dr. RM Sharma, aged about 52 years, Lecturer, DIET, Raipur (CG) Satish Tiwari S/o DC Tiwari, Aged about 50 years, Lecturer, Govt. Higher Secondary School, Kholi, Distt. Raipur (CG) \^ 5. 6. 7. 8. 9. 10. ^ 11. 12. 13. 14. Alok Shukla, S/o Late PK Shukla, Aged about 48 years, Lecturer, Govt. Educational Coltege, Shankar Nagar, Raipur (CG) Vipin Chand Saloman, S/o Late CP Saloman, Lecturer, Aged about 48 years, Lecturer, Govt. JN Pandey Hr. Sec. School, Raipur (CG) Anil Verma, S/o Shri RP Verma, aged about 49 years, Lecturer, Govt. Higher Secondary School, Raipur (CG) Ku. Anjum Rahman, D/o Ml Rahman, Lecturer, Govt. JS Pandey Higher Secondary School, Raipur (CG) M. Minj S/o Shri R Minj, aged about 51 years, Lecturer, Govt. JN Pandey Hr. Secondary School, Raipur (CG) Smt. M. Khelkar, W/o Shri VS Khelkar, aged about 47 years, Lecturer, Govt. JN Pandey Hr. Sec. School Raipur (CG) Smt. Jyoti Avadhiya, W/p Shri RK Avadhiya, aged about 46 years, Lecturer, Govt. JN Pandey Hr. Sec. School Raipur(CG) Smt. R. <Panda, W/o Shri RK Sahu, aged about 50 years, Lecturer, Govt. JN Pandey Hr. Sec. School Raipur (CG) YN Singh, S/o Motilal Singh, aged about 48 years, Lecturer, Govt. Hr. Sec. School, Amalidih, Raipur. AK Deshpandey, S/o Late VG Deshpandey, Aged about 51. years, Lecturer, Govt. JN Pandey Hr. Sec. School Raipur(CG) BL Sahu, S/o late PS Sahu, aged about 49 years, Lecturer, Govt. JN Pandey Hr. Sec. School Raipur (CG) Dr. Kamal Kishore Pandey, S/o Krishanand ,Pandey, ,v^ H 1 aged about 46 years, Lecturer, JR Naidu Govt. Hr. Secondary School Ravigram, Raipur. 15. Govardhan Jha, S/o SN Jha, aged about 52 years, Lecturer, JR Dhani Hr. Sec. School, Raipur (CG) 16. SK Uparde, S/o Heeralal Uparde, aged about 53 years, Lecturer, Govt. Girls Hr. Sec. School, Aarang, Raipur. 17. Santosh Dewangan, s/o Shri CR Dewangan, aged about 50 years, Lecturer, Govt. Arundhadi Devi Hr. Sec. School, Aarang, Raipur. 18. Ajay Tiwan S/o LN Tiwari, Lecturer, aged about 49 years, Govt. Hr. Sec. School, Zone II, Khursipar, Bhilai, Distt. Durg (CG) 19. Narendra P Deshkar S/o PV Deshkar, aged about 52 years, Lecturer, Govt. Hr. Sec. School, Housing Board, Bhilai, Dist. Durg (CG) 20. Makbool Ahmed, S/o Shek Ahmed aged about 46 years, Lecturer, Bajrang Hr. Sec. School, Abanpur, Distt. Raipur (C6) 21. Shankarlal Nayak, S/o Late Chotelal Nayak, aged about 49 years, Lecturer, Govt. Hr. Sec. School, Hatband, Distt. Raipur (CG) 22. Dinesh Kumar Sahu, S/o LL Sahu, aged aboyt 51 years, Lecturer, JR Dhani Hr. Sec. School, Raipur (CG) 23. KS Parle, S/o DS Parle, aged about 50 years, Head Master, Govt. JN Pandey Hr. Secondary School, Raipur (CG) 24. Rajkishore Sharma, S/o Ramchand Sharma, aged about 49 years, Headmaster, Middle School, Camp II, Bhilai, Distt. Durg (CG) 25. AC Gandhi, S/o Gyan Singh Gandhi, aged about 51 years, Headmaster, Govt. l'§ \-zS RESPONDENT: -Versus- 1. 2. 3. JN Pandey Hr. Secondary School, Raipur (CG) State of Chhattisgarh : Through Secretary, General Administration Department, DKS Bhawan, Raipur (CG) Secretary, School Education Department, State of Chhattisgarh, DKS Bhawan, Raipur (CG) Commissioner, Directorate of Public Instruction, Raipur (CG) Writ Petition (sl No.479 of 2009 PETITIQNERS: •A SS Bargoti, S/o Late Shri Malook Singh, aged about 60 years, Posted as Head Master, Government Girls Middle Schpol, Koni, Block Belha District Bilaspur (CG) Dr. HC Yadav, S/o Ramagya Yadav Aged about 59 years, Posted as Head Master, Gbvernment Middle School, Ghurru, Ameri Block Thakatpur, District Bilaspur (CG) Virendra Pal Singh S/o Late Shri Suraj Mal, aged about 59 years, Posted as Head Master Government Middle School Amarpur, Pendra District Bilaspur (CG) Dr. Santosh Tiwgri, s/o Shri Jagat Narayan Tiwari aged about 48 years, Posted as Head Master Government Middle School, Chichirda, DistrictBilaspur (CG) Mahesh Verma, S/o Shri Shripat Verma, aged about 47 years, Posted as Head Master Government Pre Middle School, Ishguda, Gunderdehi, District Durg (CG) RK Dwivedi, s/o Shri Rajkumar Dwivedi, aged about 44 years, Posted as Head Master Government Pre Middle School, Baghera, District Durg (CG) Gokul Singh Thakur, S/o Shri 8. 10. 11, A 12. 13. 14. 15. 16. 6 \<lX Alam Singh Thakur, aged about 58 years, Posted as Head Master Government Pre Middle School, Sikosa, District Durg (CG) Anil Shukla, S/o Shri SP Shukla, aged about 45 years, Posted as Head Master Government Pre Middle School, Takiyapara, District Durg (CG) Ramnarayan Ram, s/o Shri Shriram, aged about 48 years, posted as Head Master, Government Pre Middle School, Thanoud, District Durg (CG) DR Sahu, S/o Shri RP Sahu, aged about 57 years, Posted as Head Master, Government new Girls Pre Middle School, Durg, District Durg (CG) Abhimanyu Chouhan, S/o Shri Doman Chouhan, aged about 46 years, Posted as Head Master Government Pre Middle School, Bhatagaon(B), District Durg (CG) Anil Singh, S/o Shri VD Singh, aged about 45 years, Posted as Head Master Government Pre Middle School, Dandesara, District Durg (CG) Ajay Chandrakar, S/o Shri Parmanand Chandrakar, aged about 48 years, Posted as Head Master Government Pre Middle School, Dandesara, District Durg (CG) Jitendra Kumar Shukla, S/o Shri CP Shukla, aged about 40 years, Posted as Head Master Government Pre Middle School, Farid Nagar, District Durg (CG) Gayatri Prasad Singh, S/o Late Shri BL Singh, aged about 43 years, Posted as Head Master Government Pre Middle School. Katro, District Durg (CG) Arun Kumar Gupta, S/o Shri GC Gupta, aged about 43 years, Posted as Head Master Government Pre 7 W 17. 18. 19. 20. 21. 22. 23. 24. 25. Middle School, Khedamara, District Durg (CG) Ku. Anupa Gayakwad, D/o Shri BH Gayakwad, aged about 47 years, Posted as Head Master Government Pre Middle School., Basin, District Durg(CG) SC Nayak, S/o Shri Shridhar Nayak, aged about 48 years, Posted as Head Master Government Higher Secondary School, Thodiya, District Durg (CG) Tularam Chandrakar, s/o Shri Bisarjan Lal Chandrakar, aged about 58 years, Posted as Head Master Government Navin Pre Middle School, Durg District Durg (CG) Smt. Manju Gupta, W/o Shri Abhay Gupta, agedabout 46 years, Posted as Head Master Government Pre Middle School, Katulbod, District Durg(CG) Smt. Pushpa Joshi, W/o Shri Ramesh Kumar Joshi, aged about 40 years, Posted as Head Master Government Pre Middle School, Model Town, Bhilai, District Durg (CG) Ku. Manju Lakra, D/o Shri S Lakru, aged about 40 years, Posted as Head Master Government Pre Middle School, Titurdeeh, District Durg (CG) Arjun Prasad Ray, S/o Shri Prasad Ray, aged about 51 years, Posted as Head Master Government Girls Pre Middle School, Supela, Bhilai, District Durg (CG) Abdul Shakil Khan, S/o Shri AG Khan, aged about 45 years, Posted as Head Master Government Pre Middle School, Jarvay, District Durg (CG) Sangeeta Anand, W/o Shri AK Anand, aged about 41 years, Posted as Head Master Government Middle School, Devdera, District Durg (CG) \^ 26. 27. 28. 29. 30. 31. 32. 33. 1 34. B 35. Dhananjay Verma, S/o shri Nand Kishor Verma, aged about 43 years, Posted as Head Master Upgraded Government Pre Middle School, Shivpuri, Jamul District Durg (CG) Smt. RK Chita, W/o Shri MS Chita, aged about 48 years, Posted as Head Master Government Girls Pre Middle School, Utai, District Durg (CG) HS Tomar, S/o Shri DS Tomar, Aged about 44 years, Posted as Head Master Government Pre Middle School, Vorigarika, District Durg (CG) UK Chandrakar, S/o Shri ML Chandrakar, agpd about 50 years, Posted as Head Master Government Pre Middle School, Machandur, District Durg (CG) SN Narang S/o Shri KL Narang, aged about 39 years, Posted as Head Master Government Pre Middte School, Khopli, District Durg (CG) Smt. Sharda Verma, W/o Shri TS Verma, aged about 46 years, Posted as Head Master Government Pre Middle School, Sector-9, Bhilai, District Durg (CG) Smt. Indrajeet Bhoi, W/o Shri Jagjit Singh Bhoi, aged about 43 years, Posted as Head Master Government Pre Middle School, Kelabadi, District Durg (CG) Rajeev Kumar Sharma, S/o shri Dev Narayan Sharma, aged about 47 years, Posted as Head Master Government Girls Pre Middle School, Sargaon, District Bilaspur (CG) Shirish Kumar Pandey, S/o Shri SP Pandey, aged about 47 years, Posted as Head Master Government Middle School, Karkena, District Bilaspur (CG) Surendra Singh Baghel, S/o Shri SP Pandey, aged about 36. RESPONDENT: -Versus- 1. 2. 3. 9 47 years, Posted as Head Master Government Middle School, Karkena, District Bilaspur (CG) Ravi Pradhan, S/o Late Shri K. Pradhan, aged about 43 years, Posted as Head Master Govemment Pre Middle Sphool, Subhash |lagar, Bhilai, District Durg (CG) State of Chhattisgarh : Through the Secretary Department of School Education, Mantralaya, DKS Bhawan, Raipur (CG) Director, Directorate Public Instructions, Pension Bada, Raipur (CG) Chhattisgarh Public Service Commission, Through the Secretary Shankar Nagar, Raipur(CG) Writ Petition (s) No.5756 of 2008 PETITIONERS: ^ Kamal Kishore Sahu, S/o Fekulal Sahu, aged about 56 years, Occupation Service, presently posted as Assistant Block Education Officer, Navagarh, Block Navagarh, District Janjgir Champa (CG) Jeevan Lal Dewangan S/o Shri Toran Lal Dewangan, aged about 56 years Occupation Service, presently posted as Lecturer at Government Boys Higher Secondary School Champa District Janjgir-Ctiampa (CG) Padmakar Tiwari, S/o Shri Bhupat Lal Tiwari, aged about 49 years Occupation Service, presently posted as Lecturer at Government Boys Higher Secondary School Champa District Janjgir-Champa (CG) Jagdish Chandra Rathore S/o Late Shri Mohar Sai Rathore aged about 58 years Occupation Service, presently posted as Lecturer at Government Boys Higher Secondary School, Kera District Janjgir-Champa (CG) \l^ 5. -Versus- RESPONDENT: 10 Shiv Shankar Prasad Rathore S/o Chhedi Lal Rathore,aged about 56 years Occupation Service, presently posted as Lecturer at Government Multipurpose Higher Secondary School Janj'gir District Janjgir- Champa (CG) State of Chhattisgarh : Through The Secretary School Education Department, Dau Kalyan Singh Bhawan, Raipur (CG) \^ Writ Petition ls} No.6367 of 2008 PETITIONERS: 6. Giri Raj Sharan Singh, S/o Shri BS Singh, Aged about 41 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Sonsari, Block Akaltara, Distt. Janjgir Champa (CG) Visheshar Prasad Kashyap, s/o Shri Dwarika Prasad Kashyap, aged about 41 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Taga, Block Akaltara, Distt. Janjgir Champa (CG) Rajesh Kumar Singh, s/o Shri PL Singh, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Amora, Block Nawagarh, Distt. Janjgir Champa (CG) Dilip Kumar Jaiswal, S/o Shri Shyam Lal Jaiswal, aged about 36 years, Presently working as Shiksha Karmi Grade I, Govt. Secondary School, Block Nawagarh, J^njgir Champa (CG) Chitra Sen Singh Bhardwaj, S/o Shri Sundar Lal, aged about 40 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Salkhan, Block Nawagarh, Distt. Janjgir Champa (CG) Satish Kumar Swarnkar, S/o Higher Choria, Distt. 8. 9. 10. 11, 12. 13. 14. 11 Bhagat Ram, aged about 36 years, Presently working as Shiksha Karmi Grade I, Govt. 1-ligher Secondsry Sfth66l, Kapan, Block Akaltara, Distt. Janjgir Champa (CG) Navnit Kumar Tamboli, S/o Shri SR Tamboli, aged about 37 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Taga, Block Akaltara, Distt. Janjgir Champa (CG) Kamlesh Kumar Sahu, S/o Shri BP Sahu, aged about 37 years; Presently working as Shiksha Karmi Gradel, Govt. Higher Secondary School, Bodsara Block Nawagarh, Distt. Janjgir Champa (CG) Suresh Prasad Sahu. S/o Shri Lala Ram Sahu, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Kosmanda Block Baloda, Distt. Janjgir Champa (CG) Bandhu Swarnkar S/o Late Hari Gopal, aged about 37 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Paharia, Block Baloda, Distt. Janjgir Champa (CG) Smt. Reeta Pradhan, W/o Shri Ramen Lal, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Kurda, Block Baloda, Distt. Janjgir Champa (CG) Smt. Anjula Soni, W/o Shri GC Soni, aged about 36 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School,Sonsari Block Akaltara Distt. Janjgir Champa (CG) Smt. Hemlata Gautam, W/o Shri DM Gautam, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary Scftoof, Hardi, Block Akaltara, Distt. Janjgir Champa (CG) Chinta Ram Kashyap, S/o \Q>^ 15. 16. 17. ^ 18. 19. RESPONDENT: -Versus- 1. 2. 3. 12 Shri FR Kashyap, aged about 41 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Loharsi Block Masturi, Distt. Bilaspur (CG) Ramesh Bhargav, S/o Shri BP Bhargav, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Khutighat, Block Pamgarh, Distt. Janjgir Champa (CG) Smt. Mossami Robinson, D/o JS Robinson, aged about 40 years, Present working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Choriya, Block Bahmnidih, Distt. Janjgir Champa (CG) Giriwar Kumar Shandilya S/o Shri RK Shandilya, aged about 35 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School. Nariyara, Block Akaltara, Distt. Janjgir Champa (CG) Patanjal Kumar Yadav, S/o Shri Shanti Kumar aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Dharasheo, Block Nawagarh, Distt. Janjgir Champa (CG) Madan Lal Aditya S/o Shri Chhat Ram, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Dharasheo, Block Nawagarh, Distt. Janjgir Champa (CG) State of Chhattisgarh : Through the Secretary School Education Department, DKS Bhawan, Raipur (CG) State of Chhattisgarh, Through the Secretary, Panchayat and Rural Development Department, DKS Bhavan, Raipur (CG) The Directorate of Public Instructions, Raipur (CG) \^ 13 \^ 's 4. The Addl. Director, Directorate of Public Instructions, Raipur (CG) Writ Petition (s) No.245 of 2009 PETITIONERS: 1. 2. RESPONDENT: -Versus- 1. Mukesh Kumar Sahu, S/o Shri Thakur Ram Sahu, aged about 37 years,, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School. Kachandur, Block Gundardehi, Distt. Durg (CG) Mohit Kumar Dewanga, S/o Shri Amar Lal Dewangan, aged about 45 years, Presently working as Shiksha Karmi Grade I, Govt. Girls Higher Secondary School, Arjunda, Block Gundardehi, Distt. Dura (CG) Yugal Kishore Sahu, s/o Shri Roop Das Sahu, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Kachandur, Block Gundardehi, Distt. Durg (CG) Mahendra Kumar Soni, S/o Shri Kesh Lal Soni, aged about 42 years, Presently working as Shiksha Karmi Grade II, Govt. Middle School, Khapri, Block Gundardehi, Distt. Durg (CG) Komal Singh Kulhare, S/o Shri Joidharam aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Higher Secondary School, Gunderdehi, Block Gundardehi, Distt. Durg (CG) Bhupesh Kumar Yadav, S/o Shri Babulal Yadav, aged about 38 years, Presently working as Shiksha Karmi Grade I, Govt. Adarsh Hi^her Secondary School, Arjunda, Block Gundardehi, Distt. Durg (CG) State of Chhattisgarh : Through Secretary School Education Department, DKS Bhawan, Raipur (CG) 14 \^ 2. 3. 4. State of Chhattisgarh, Through the Secretary, Panchayat and Rural Development Department, DKS Bhavan, Raipur (CG) The Director-cum- Commissioner, Directorate of Public Instructions, Raipur (CG) The Additional Director, Directorate of Public Instructions, Raipur (CG) (WritPetitiopis under Article 226 ofthe Constitution of India) Present Shri Prateek Sharma, Advocate for the petitioners in WP(s)No.6046/08. Shn Somkant Verma, Advocate for the petitioners in WP(s)No.6717/08. Shri PS Koshy, Advocate forthe petitioners in WP(s)No.7190/08. Shri Jitendr^ Pali, Advocate for the petitioners in WP(s)No.479/09. Shri Ashwani Shukla, Advocate for the petitioners in WP(s)No.5756/08. Shri Anand Dadariya, Advocate for the petitioners in WP(s)No.6367/08 and 245/09. Shri Kishore Bhaduri, Addl. Advocate General for the State/respondents in all the petitions. ORDER (Passed on^.3 'July, 2009) PER DHIRENDRA MISHRA. J. 1. These petitions are being disposed of by this common order as the petitioners herein have questioned the constitutional validity of Rule 6 and Schedule-11 of the Chhattisgarh School Education Gazetted ,-?: Seryice (School Level Service) Recruitment and Promotion Rules- 2008 (for short "Rules, 2008") as amended on 27th November, 2008. 2. Petitioners in WP(s)No.6046/08, 6717/08 and 7190/08 were appointed as teachers in the School Education Department. They were subsequently promoted to the post of Headmasters and some of them 15 \^ f w^ '^^^^^^ '!^SBKe!^y -J ^ J were, thereafter, promoted to the post of Lecturers. Grievance of the petitioners is that their recruitment and promotion was earlier governed by the Chhattisgarh Educational Service (School Branch) Recruitment and Promotion Rules, 1982 (in short "Rules, 1982"). As per Rule 6 and Schedule-11 ofthe Rules, 1982, 25% ofthe total posts of Principal, High/Higher Secondary School were to be filled in by direct recruitment, whereas remaining 75% of the total posts were to be filled by promotion. Eligibility criteria for direct recruitment to the post of Principal, High/Higher Secondary School was sprescribed as Post Graduation with 50% marks having B.Ed. Degree and five years teaching experience in the Higher Secondary School. As per above eligibility criteria, Lecturers as well as Upper Division Teachers and Headmasters were all eligible to participate in the process of direct recruitment for the post of Principal. Simitarly, remaining 75% posts of Principal were to be filled by promotion in the ratio of 60% to be filled from Lecturers and 40% to be filled from Assistant District Inspectors/Headmasters of Middle Schools. However, vide notification dated 13th August, 2009 the State Govt., in exercise of powers under Article 309 of the Constitution, has framed the Rules, 2008 with regard to recruitment and promotion for the post of Principal, High/Higher Secondary School, Lecturer and Headmaster, Middle School, thereby prescribing qualification, etigibility, mode of recruitment and promotion. According to Schedute-11 and Rule 6 ofthe Rules, 2008, 25% posts of Principal, High/Higher Secondary School are to be filled by limited competition examination from Shiksha Karmi Grade-1, whereas remaining 75% will be filled by promotion of Lecturers in the department. It further envisaged that when the tist of regular Lecturers gets exhausted, then 65% of the remaining posts will be filled by 16 \^L ^J Limited Examinations and 35% by promotion from Headmasters of Middle Schools. 3. During pendency of the petition, the above rules were further amended vide notification dated 27th November, 2008 and as per amended rules, 25% posts of Principal are to be filled by Lecturers/Shikshakarmi Grade-1 through Limited Examination, and 75% will be filled by promotion of Lecturers in the department and when the list of Lecturers is exhausted, then 65% of the posts of Principal will be filled by Limited Examination from Shikshakarmi Grade-1 and 35% will be filled by promotion from Headmasters of Middle Schools. Thus, by the amended rules, 25% of the posts to be filled by direct recruitmesnt through Limited Examinations is reserved for Lecturers/Shiksha Karmi Grade-1 and remaining 75% posts are to be filled by promotion of the Lecturers in the department, andonly when the list of Lecturers is exhausted after promotion, remaining seats are to be filled in the ratio of 65%, to be filled by Limited Examination from amongst Shikshakarmi Grade-1 and 35%, to be filled through promotion of Headmasters of Middle Schools. Shikshakarmi Grade-1 are not the government employees and therefore, they cannot be treated as departmental employees and hence, their promotion to