Dharam Singh Sahni And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6342 of 2014

1. Dharam Singh Sahni S/o Late Shri Ghasiram Sahni Aged About 42 years Asstt Teacher Panchayat, Govt. Primary School Bagamuda, R/o Village Bagamuda, Thana Nagarnar, Civil & Revenue Distt Bastar, Cg

2. Bhuwneshwar Manjhi S/o Sangram Singh Manjhi Aged About 40 Years Asstt Teacher Panchayat, Govt. Primary School Kolawadra, R/o Vill Kolawadra, Thana Bhodhghat, Civil & Revenue Distt Bastar At Jagdalpur, Cg

3. Roopsingh Baghel S/o Shri Goverdhan Baghel Aged About 38 Years Asstt Teacher Panchayat, Govt. Middle School Chokawada, Vill Chokawada, Thana Nagarnar, Civil & Revenue Distt Bastar At Jagdalpur, Cg ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Panchayat, Gramin Vikas Avm Shram Vibhag, Mantralaya, Naya Raipur, Dist Raipur, Cg

2. Director Panchayat, Sanchanalaya, Chhattisgarh, Indravati Bhawan, Naya Raipur, Dist Raipur, Cg

3. Chief Executive Officer, Jila Panchayat, Jagdalpur, Dist Bastar, Cg

4. Chief Executive Officer, Janpad Panchayat Jagdalpur, Dist Bastar, Cg

5. Collector Jagdalpur, Distt Bastar, Cg

6. District Education Officer, Jagdalpur, Distt Bastar, Cg ---- Respondent For Petitioner Shri R.K. Patel, Advocate For Respondent/State Shri Arvind Dubey, PL

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/08/2015 Heard learned counsel for the parties.

1) This petition has been preferred seeking benefit of the circular dated 2-11-11 for grant of time-bound promotion/Kramonnati on completion of 10 years of service. The petitioners have claimed parity in view of the order passed in writ appeal No.389/14, decided on 23-3-2015. 2) Learned counsel for the State would submit that the benefit of the circular dated 2-11-11 has been withdrawn by issuing a circular on 14-1114 w.e.f. 1-5-13. He would submit that subsequently, the Division Bench in writ appeal Nos. 227 & 231 of 2015 has passed order, therefore, the present writ petition does not survive.

3) The above statement is not disputed by the learned counsel for the petitioners.

4) In writ appeal Nos. 227 & 231 of 2015, the Division Bench of this Court has passed the following order:- "3. The Writ Appeals arise from separate orders, dated 17.10.2014 and 26.9.2014, disposing a batch of analogous cases including Writ Petition (S) No.2914 of 2014 and Writ Petition (S) No.4382 of 2014 filed by the Appellants. Since we have already heard and disposed Writ Appeal No.389 of 2014 and analogous appeals involving similar questions as raised in the present Writ Appeals on 23.3.2015, it is considered appropriate to

condone the delay. Delay is therefore condoned.

4. While passing the order dated 23.3.2015, the subsequent order passed by the Respondents on 14.11.2014 recalling the order dated 2.11.2011 with effect from 1.5.2013 had not been brought to our attention.

5. The present Writ Appeals are therefore disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals, dated 23.3.2015, with the only clarification that in view of the order dated 14.11.2014 the claim of the Appellants is required to be considered only for the period 2.11.2011 till 1.5.2013.

6. The Writ Appeals are disposed in similar terms as Writ Appeal No.389 of 2014 and analogous appeals with the aforesaid clarification."

5) In view of the above, the present writ petition is disposed of in terms of writ appeal Nos. 227 & 231 of 2015. In other words, petitioners' case for grant of Kramonnati is required to be considered only for the period 2-11-11 till 1-5-13, if the petitioners fulfill the eligibility criteria as per the norms laid down by the State Government.

Sd/- Judge Prashant Kumar Mishra Gowri