^ Uf°> (D IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) WRIT PETITION fS) N0. '^\"^ ^ OF 2011 PETITIONERS ^w y^v 'W 1 /.<^^'' y^ ^'^ .^%^1 ^^(V ^/ <<•- ^y' ^" 1. Ramu Bhagat, son of Shri R. Bhagat, aged about 52 years, Posted as Upper Division Teacher, Government Middle School, Ambikapur No. 2, R/o Krishna Nagar Colony, Ambikapur, District Surguja (C.G.) ^ 2. Shivshankar Prasad Singh, S/o Late Nandkeshwar Singh, aged about 51 years, Posted as Upper Division Teacher, Government Boys Middle School, Darima, R/o Village Motipur, Police Station and Post Darima, Tahsil Ambikapur, District Surguja (C.G.) 3. - Lalchand Toppo, S/o Late Sunaram, aged about 52 years, Posted as Upper Division Teacher, Government Middle School, Sakhouli, Police Station and Post Darima, Tahsil Ambikapur, District Surguja (C.G.) 4Y Sumeshchand Singh, S/o Shri Baleshwar Ram, aged about 50 years, Posted as Upper Division Teacher, Government Girls Middle School, Bargideeh, R/o Village Kunkurikala, Post Batouli, District Surguja (C.G.) ^-" 5. Dhansai Ram, S/o Shri Dilsai Ram, aged about 51 years, Posted as 6. 7. 8. 9. y" Upper Division Teacher, Government Boys Middle School, Bargideeh, R/o Village Kharakona, Post Bargideeh, Police Station Batouli, Tahsil Lundra, District Surguja (C.G.) Jaikaran Ram Paikra, S/o Shri Jethuram, aged about 51 years, Posted as Upper Division Teacher, Government Middle School, Bataikela, R/o Raigarh Road, Sitapur, Post and Tahsil Sitapur, District Surguja (C.G.) Teju Singh, S/o Shri Santram, aged about 52 years, Posted as Upper Division Teacher, Government Middle School, Poksari. R/o Sitapur (Karnaipara), Post and Tahsil Sitapur, District Surguja (C.G.) Haril Sai, S/o Shri Sudhan Rai, aged about 53 years, Posted as Upper Division Teacher, Government Middle School, Poksari, R/o Village Govindpur, Police Station Batouli, Tahsil Batouli, District Surguja (C.G.) Rampyare Singh, S/o Late Bhoopsai, aged about 50 years, Posted as Upper Division Teacher, Middle School Taparkela, Police Station Darima, Tahsil Ambikapur, District Surguja (C.G.) ^s^ fc? VERSUS RESPONDENTS ^. 1. / ^ 2. 3. r 4. ^ 5. 6. 7f 81 State of Chhattisgarh, ThrQygh: The Secretary, School Education Department, D.K.S. Bhawan, Raipur, District Raipur (C.G.). Director, Lok Shikshan Sanchalnalay, Raipur, District Raipur (C.G.) District Education Officer, Ambikapur, District Surguja (C.G.) Anchit Ram, Head Master, Middle School, Jamkani, Block Mainpat, Tahsil Sitapur, District Surguja (C.G.) Sunder Sai Thakur, Head Master, Middle School, Katkalo, Block Mainpath, Tahsil Sitapur, District Surguja (C.G.) Shivshankar Singh, Head Master, Middle School, Rajapur, Block Mainpath, Tahsil Sitapur, District Surguja (C.G.) Sudhram Sai, Head Master, Middle School, Patora, Block Mainpat, Tahsil Sitapur, District Surguja (C.G.) Ruchan Ram, Head Master, Middle School, Sohga, Block Ambikapur, Tahsil Ambikapur, District Surguja (C.G.) ^ 9. ^ -\ Dular Masih Lakda, Head Master, Middle School, Darima, Block Ambikapur, Tahsil Ambikapur, District Surguja (C.G.) 10. Smt. Lalita Tigga, Head Master, Middle School, Pendarkhi, Block Udaipur, Tahsil Udaipur, District Surguja (C.G.) II." Ismile Kujur, Head Master, Middle School, Boys Bargideeh, Block Lundra, Tahsil Lundra, District Surguja (C.G.) 12. Parmeshwar Ram, Head Master, Middle School, Maheshpur, Block Batouli, Tahsil Sitapur, District Surguja (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ^I^'^TI^NF ^TI 3T^'¥f^Hie^ ^ ^'fo ^^ '^^r^i^, ^t^T!^, f^ray ...^£.€).^.;..2>.)..L?.lI.Ll 'NW^fT^pn^ 3^T-q^7 (•rt^f) ^^rw^fi^^T^i SB : Hon'bie Shri Manindra iVlohl 22-06-2011 Shri V.K.Pandey, counsel for Shri Y.S. Thakur, Deputy Adv4< This petition has been fiied respondents to consi'der their cases fc|i Schooi. Case of the petitioners, as prc|j were appointed as Assistant Teacher] were further promoted to the post of basis oftheir seniority on the post of ^ for grant of seniority from the initiai d| pay scate was considered in the iigh| oraer was passed on 6/4/2010 by scale and seniority increments to the| As the petitioners were not granted SE the Assistant Teachers who were al promoted as Upper Division Teacher then existjng vacancy, the petition^ Teacher subsequentiy^This resuited| Assistant Teachers, who were app< petitioners were piaced beiow respor Now they have been considered for- Middie Schooi treating them senior to Submission of iearned counss have been granted seniority to the pos appointment, the respondents are promotion to the post of Upper the ^^rih ^TR^f ^ "fe^t Tf^n '^^f^i an^i n Shrivastava. J. thelDistrict petitioners. tcate Generai for the State. |)y the petitioners for issuance of direction to promotion to the post of Head Master, Middie •jected in the writ petition is that the petitioners in the schoois. fn course of time, petitioners Ljpper Division Teacher on various dates on the \ssistant Teacher. The ciaim of the petitioners i^te of appointment as also for grant of reguiar oforders passed by this Court and finaiiy an Education Officer granting reguiar pay jpetiti'oner from the initiai dste of sppointment. Iniority from the jnitiai date of appointment and t>pointed subsequent to the petitioners, were 3ariier in point of time and on the basis of the ^n^rs were given promotion to Upper DMsion in the petitioners being piaced below those |)inted subsequent to the petitioners as the |dent No.4 to 12 as Upper Division Teacher. 'ijurther promotion to the post of Head Master, |he petitioners. for the petitioners that once the petitioners tt of Assistant Teacher from their initiat date of |?ound to consider their ciaim for grant of Di\|ision Teacher and further consideration for ^?--.-t,,-\ ....-^,,. "'^, -f ^! ^^S^ ^ ^.^@t^^'5ra^i ;? .^.^' •^y^ !'--^^.:,,^&^?" XI-HC—78 \:' ^1^?'^?f^:iW '<?^TT W^T^T^^ B.; Deeptl ^^ ^MW^, ^Tlly'1!^, f^d!-^ll< io<P.6)i^o. &i^t[jii ^1^?T1(^^ ( ^•f^^) I^TW ^^? ^nt^? -^- subsequent to the order passed on ^s^pft^ WTOf ^ 'f^tS Tf^$R '^'^^'w^r promotion to the post of Head M^ster, Middie Schooi. it is submitted that 10/02/2010 (Annexure P/2), representations have been made to the District Edubation OfFicer to consider this aspect of the mstter but no decision was taken anc} respondents 4 to 12, who were junior to the petitioners as Assistant Teacher in cjourse of time, have been now promoted as Head Master, Middie Schooi wherea^ Division Teacher. the petitioners are stiil continuing as Upper As the seniority ofthe petitionet's as Assistant Teaoher has now been revised vide order dated 10/2/2010, the claim cases for promotion as Head Master, Respondent No.3 is therefore obliged] decision with regard to the clalm of the! Learned Deputy Advocate G| Aocordingiy, respondent No.2 pf the petitioners for due conssderation of their ^ljddie Schooi does not appear to be frivoious. to consider this aspect and take appropriate 1 petitioners. ^neral submits that as the matter requires consideration at higher ievei, respor|dent No.2 may be directed to consider this aspect. / Director, Pubiic Instructions is directed to consider the claim of the petitioitiers. The petitioners may make detaiied representation to respondent No.2. i|i case, such representation is made within a period of three months from today, re^pondent No.2 shall take appropriate decision in the matter, consideri^g the effect ar|d impact of grant of seniority to the petitioners on the post of Assistant Teacher as !t is made clear that this Court orderdated 10/02/10 (Annexure P/2). las not expressed any opinion on the merits of the ciaim of the petitioners and the ay|hority wouid be obiiged to decide the matter in accordance with law. With the aforesaid obsen/atiorj off. s / directions; the petition is finaiiy disposed Sd/- Manindra Mohan Shrivastava Judge