/' C^ t^^~- SINGIE BENCH IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.tSt N0. ^i^ l ^ /2010 PETITIONBR ^"y. ^ftp^y^< •^y €^^ ^ RESPONDENTS ^-7»^ K. Nagesh, S/o Late K. Rajnna, aged about 52 years, Occupation - Assistant Teacher, Posted at Primary School, Awas Plot Tarkapal, Block Jagdalpur, Tahsil - Jagdalpur, Distt. Bastar at Jagdalpur (C.G.) VERSUS ^: 1. State of Chhattisgarh Through :- The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) ^l. The Commissioner, Tribal Welfare Department, Raipur, Distt. Raipur (C.G.) 3. The Collector, Jagdalpur, Distt. Bastar (C.G.) 4. The Assistant Commissioner, Tribal Welfare Department, Jagdalpur, Distt. Bastar (C.G.) 5. Shri D.K. Hirwani, aged about 52 years, Upper Division Teacher, posted at H.S.S. Bhadisgaon, Tokapal, Jagdalpur, Distt. Bastar (C.G.) /' I r &T^ ^6. Smt. B.M. Beg, aged about 54 years, Upper Division Teacher, Orna camp, Jagdalpur, Distt. Bastar (C.G.) ^ 7. Smt. Meera Hirwani, aged about 45 years, Upper Division Teacher, posted at Higher Secondary School, Sargipal, Jagdalpur, distt. Bastar (C.G.) / 8. Smt. Kalpana Bamkhede, aged about 50 years, Upper Division Teacher, H.S.S. School Mavalipadar, Darbha Jagdalpur, Distt. Bastar (C.G.) ^9. Smt. Neena Suresh, aged about 44 years, Upper Division Teacher posted at Higher Secondary School, Kumharawand, Jagdalpur, Distt. Bastar (C.G.) ^ 10. Smt. Nirupa Verma, aged about 46 years, Upper Division Teacher, Higher Secondary School Kanya, Bastar, Distt. Bastar (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. Bimsii: ...<^S£S^ .^ 1s ^ ^ / / ^TT^T ^RT fSpri^ ^iT 3?T^?T sFlffcF ^ *111CTI »*fl^» 'TST ^i^icn^, y>Tll<-l4Ko, [®ldl'Hll.< v^ < (D^ 200 ^TT^?T TI5W (<iGl^<<<i?) ^wi<<R tifta 3TT^T SB : Hon'ble Shri Manindra Moha ^/ docitments 16-08-2010 Shri U.R. Khosle, counselfor] Shri Satish Gupta, Governm^ on advance copy. This petition has been filed of non-inclusion of his name in th^ made on 1/09/08 and subsequent who according to the petitioner are From the pleadings and that when gradation list of Assist^ showing seniority position as representation cn 1/9/08 for inclusioh the petitioner is working as Assistan^ placed in the appropriate place in t^. considering petitioner's representat piace in the seniority list, respond< promotion of large number of Assis of Upper Division Teacher vide ord^r Grievance of the petitionerj Inclusion of his name in the gr^ petitioner has also remained depriv|i post. It has also been submittedj punishment imposed against the p< oriteria for promotion to the next h| petstioner's case for promotion is al^o f?Pft;T 'RW^Jf ^f f^l<) <?^lt^l< ^3?fRm3^r Shrivastava. J. ^he petitioner. |nt Advocate for respondent No. 1 to 4 the petitioner aggrieved cn account gradation list despite representation l^romotion of respondents No.5 to 10 jnior to the petitioner in service. placed cn record, it is revealed mt Teachers was issued cn 5/7/08 on 1/4/08, petitioner preferred of his name in the gradation list. As Teacher, his name was entitied to be seniority list. It appears that without |on and without affording appropriate mt No.4 proceeded to pass order of tant Teachers to the^next higher post dated 8/10/08. is that tiil date, no action towards jation list has been taken and the ?d of his promotion to the next higher that there is no adverse remarks or ititioner. Taking into consideration the gher post of Upper Division Teacher, required to be considered. m^T, <N^f^ri^—FS/1^7—2/2010 —1,00,000. ^^''^ i""- Vt ^ ^ ....':: / ^i^I^Tl??ThF WTW^TsFRW ^^ ^ /u Deepti ~^s( T^i^l^l^, ^•fll^^Ko, [^dl'y^-t ^^g^......^©.^^^^^^^^ ^n^?i T?W (T^35i^r) fv^ 200 ^«iiW^%a3TT^T —^ _ Taking into consideration tt^ the documents ptaced on record, No.4 Accordingly, 1 hereby direct <4)^?<vi<fli 'W^Jf ^f 'fe^> ^R^R '^'^tRwsn^r e submissions made hereinabove and would be proper to direct respondent ?pondent No.4 to oonsider petitioner)s representation for indusion of h|s name in the gradation list at the appropriate ptace. Respondent No|4 shall take appropriate decision within a period of 4 weeks from the da' open for the petitioner to submit d e of receipt of this order. it would be stailed representation in oontinuation pf his earlier representation along wiljh copy ofthis order; !f after affording proper pl^ce in the seniority list, it is found that respondents No.5 to 10 are plac|ed below, petitioner's ctaim for further promotion shatt be considered an< also be taken within a reasonabte With the aforesaid observa necessary decision in that regard shatt ime. ons, the petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge vm€tv^l^rggonw, <wif<pw---FS,'i47—2/2010—i,oo,ooo.