Narsingh Rathiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.743 of 2017

1. Narsingh Rathiya S/o Shri Jayram Rathiya, Aged About 41 Years Posted As Headmaster, Government Primary School, Jampali, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

2. Manoj Kumar Sahu S/o Shri Shyamlal Sahu, Aged About 42 Years Posted As Headmaster, Government Primary School, Kida, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

3. Dilip Kumar Khakha S/o Shri Samual Khakha, Aged About 41 Years Posted As Headmaster, Government Primary School, Dhaskamuda, Block Dharamjaigarh, District Raigarh (Chhattisgarh)

4. Smt. Jyotiratna Nishad W/o Shri Tirithram, Aged About 38 Years Posted As Headmaster, Government Primary School, Pondi Chhal, Block Dharamjaigarh, District Raigarh (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh)

2. The Director, Directorate Of Public Instructions, Block C, First Floor, Indravati Bhawan, New Raipur (Chhattisgarh)

3. The District Education Officer, District Raigarh (Chhattisgarh) --- Respondents For Petitioners :

Mr. Kamlesh Kumar Pandey, Advocate For State :

Mr. Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/02/2017 (1) Heard.

(2) Learned counsel appearing for the petitioners submits that the petitioners have made representation before the respondent

authorities for including their name in the gradation list published of the Headmaster, Primary School/Upper Division Teacher issued on 01.04.2014 by respondent No.2, which has not been considered and decided by respondent No.2 I.e Director, Directorate of Public Instructions, Raipur and therefore, direction may be issued to the respondent No.2 to decide the same expeditiously. To which, counsel for the State has no objection.

(3) Prayer appears to be fair and reasonable.

(4) Be that as it may, respondent No.2 i.e. Director, Directorate of Public Instructions, Raipur is directed to consider and decide upon the pending representations of the petitioners for including their name in the gradation list in accordance with law preferably within a period of three months from the date of receipt of copy of this order. (5) It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent No.2 would be at liberty to decide the same in accordance with law.

(6) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-