8CNCH IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH AT BILASPUR W.P.fS.tNO. '3'xe»5-/2010 PETITIONER: ^x '0 '?'•' ^••^ ••3^^- .'v'..--'' ^y^-^ o ^ . _ . Chainu Rarn Nishad S/o Darbari Ram, aged about 45 years, Occupation Peon, at Govt. Higher Secondary School Singhpur, Dista-ict Dhamtari (C.G.) •-•-"<9 A--" RESPONDENTS "^—t'ias,^ i«^Fte^ •^^y-^ */'/> \ J.:1 VERSUS ^yssgi, SB.&I '"^> y. "'9^-»s'''f!s':i 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 Officer, Dhamtari Distt Dhamtari (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA wS;i^;:- Bai! k fi Bfi iBS pa .''B JB'! Biifi XI-HC—78 ^^ •^WM<i, wx\\ww, l°<diy^< ...!A>..£>.61.1:^..:...?J..6$-[I.!> a 3n^iTra?r C^f^^t) 311^1 ^ll^fR; ^n 3?i^r sfi¥?R>' I^ilW ^to CT^I SB: Hon'ble Shri Manindra Mohan Shrivastava.J. ^T^lf^l'ql'T H\HV\\ ^ f^St <^^i< ^T3TfilT[3n^( x \ 08-07^010 | Shri S.K.Dadsena, counsd for (he peUttoner. ; Ms. Sangeeta Mishra, Panel|Lawyer for fte State/respwKtonts on advancecopy. The petitioner has approachecj this Court ventllating his grlevance on account of non-consideration of his c^se for promotion to the next higher post of Assistant Grade-111. Submission of tearned counsep for the petiUoner is that the petitioner who was eartier working as continge^it empioyee was later on absorbed on reguiar establishment as peon. It is ^irther submitted that in the hierarchy of posts, a peon is entitled to be co$sidered for promotion to ttie post of Assistant Grade-ilt and respondente /jDistrict Education Offteer, Ohamtari has been passing ordere of promotion of |»eonsto the post of AssistantGrade-lil and such ordere are placed on recor<j. Refemng to the provisions eontained in Rute 7, Sub Ruie 5 of ChhattisgarftiLok Seva (PadonnaU) Niyam, 2003, it is submitted that DPC is required to be |ield every year to consider ttie eligibility of candidates for promotion to the nejxt higher post subject te the availaUlity ofvacancy. Leamed eounsel for the |>eUtioner drsws attention ofthis Court to memo dated 1/1/2010 (Annexure F?/6) issued from the offlce of Disblct Education OfTicer, Dhamtari showing J133 vacant posts <rf Assistant Grade-lli. Attention of this Court is also drawn ^ the orders dated 16/10(06 and 29©/07 by which peons have been considere|d and promoted to the next higher ofAssistant Grade-111. »•>»• ]' .-'" ,^' ^"'•••''"s ../T^tt^^ ••'.- I, j ^•. Ife--^' // -s^ -^ssKfq,. ^w\<c, i^ray ....,)A.£.^.^:..5a:Ss.l.& & DwfS Taking into conslderation V^e submissions, jtwouid be approprlatB to disposeofthis petition finallywith (jiirections. Accordingly, respondent i No.4 is directed to consider the representation made by the p^tiojner indlvidually/eoilecth/ety on 3Qf04/2010. Subject to availatrility of vacancy ^nd the petiUoner being eligible under the relevant rutes, respondent No.4 sh^ill also eonsider ftie case of the petitioner for conslderatton, in accordance jwtth Chhattisgarh Lok Seva (Padonnafl) Niyam,2003. | With the aforesaid obseivati^ns, the peUtion is flnally disposed off. Sd/- Manindra Mohan Shrivastava Judge