Rajesh Agrawal And ORS. v. The State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6805 of 2014

1. Rajesh Agrawal S/o Shri D.K. Agrawal Aged About 49 Years Posted As Lecturer At Govt. Girls Higher Secondary School, Jagdalpur, Distt. Bastar C.G.

2. C.M. Pandey S/o S.B. Pandey Aged About 55 Years Posted As Lecturer At Govt. Higher Secondary School, Aadawal, Block Jagdalpur Distt. Bastar C.G.

3. Anand S. Ayyar S/o S.S. Ayyar Aged About 50 Years Posted As Lecturer At Govt. Higher Secondary School, Aadawal, Block Jagdalpur Distt. Bastar C.G.

4. Deepak Ghosh S/o Late N.C. Ghosh Aged About 49 Years Posted As Lecturer At Govt. Higher Secondary School, Kasloor, Block Tokapal, Distt. Bastar C.G.

5. Raji Vargis S/o Late T.M. Vargis Posted As Lecturer At Govt. Higher Secondary School,jagdalpur, Block Jagdalpur Distt. Bastar C.G.

6. Smt. Purnima Dehari W/o Shri Banshidhar Dehari Aged About 45 Years Posted As Lecturer At Govt. Higher Secondary School, Dharampura, Block Jagdalpur Distt. Bastar C.G.

7. Smt. Padma Singh W/o Shri Anil Singh Aged About 47 Years Posted As Lecturer At Govt. Higher Secondary School, Aadawal, Block Jagdalpur Distt. Bastar C.G.

8. Chandrashekhar Pandey S/o Shri Ganpati Pandey Aged About 58 Years Posted As Lecturer At Govt. Higher Secondary School, Potanar, Block Tokapal, Distt. Bastar C.G.

9. Mohan Lal Joshi S/o Shri Tularam Joshi Aged About 50 Years Posted At Office Of Block Education Officer, Block Darbha, Distt. Bastar C.G.

10. Arun Kumar Dewangan S/o Purushottam Dewangan Aged About 47 Years Posted As In Charge Block Education Officer, Block Jagdalpur, Distt. Bastar C.G.

---- Petitioners

Versus

1. The State Of Chhattisgarh Through The Secretary, Scheduled Caste And Scheduled Tribe Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, Dist Raipur, Cg

2. The Joint Secretary Scheduled Tribe And Scheduled Caste Development Department, Raipur, Distt. Raipur C.G.

3. The Commissioner Scheduled Tribe And Scheduled Caste Development Department, Raipur, Distt. Raipur C.G.

4. The Assistant Commissioner Scheduled Tribe And Scheduled Caste Development Department, Jagdalpur, Distt. Jagdalpur C.G.

5. Smt. Kalawati Dubey W/o Mr. R.K. Dubey Aged About 54 Years Posted As Middle School, Chitapadar, Village Panchayat Bilouri, Block Jagdalpur, Distt. Bastar C.G.

---- Respondents Shri Ashok Kumar Shukla, counsel for the petitioner/s. Shri Bhaskar Payashi, Panel Lawyer for the State / respondents 1 to 4. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/06/2016 Return of the State has not been filed.

Learned counsel for the petitioner submits that in view of the prayer made in the petition, this petition, at this stage may be disposed off with a direction for considering the representation in the matter of seniority / consequent claim of promotion.

2.

Learned State counsel does not oppose this prayer but submits that the affected persons may also be required to be heard. 3.

Considering the submission of learned counsel for the parties, at this stage, this petition is disposed off with a direction to respondent No.1 to consider the representation of the petitioners with regard to claim of their seniority over and above respondent No.5 and decide the same within a reasonable period of say three months. It is made clear that respondent No.5 shall also be afforded an opportunity of hearing. Consequent upon decision, in case, the petitioners are granted seniority as prayed for, it goes without saying that their claim for promotion should also receive consideration.

4.

With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti