Rohit Kumar Sahu v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3328 of 2016
1. Rohit Kumar Sahu S/o Shri Kumar Sahu, Aged About 38 Years Assistant Teacher ( Panchayat), At Govt. Primary School, Pathariya, Police Station Nadini Nagar, Ahiwara, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh)
2. Deepali Gajbhiye, D/o Shri Namdev Gajbhiye, Aged About 29 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Pitoura, Police Station Nadini, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh)
3. Sunil Kumar Sharma, S/o Shri Kunjilal Sharma, Aged About 37 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Madiyapara, Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg (Chhattisgarh)
4. Chitendra Kumar, S/o Shri Loknath, Aged About 32 Years Assistant Teacher ( Panchayat), At Govt. Primary School, Pathariya, Police Station Nadini Nagar, Ahiwara, Block Dhamdha, Civil & Revenue Distt. Durg (Chhattisgarh)
5. Panna Lal Sahu, S/o Shri Dashru Ram Sahu, Aged About 41 Years Assistant Teacher ( Panchayat), At Govt. Primary School, Birejhar, Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh)
6. Amitesh Kumar Tiwari, S/o Shri Kamal Narayan Tiwari, Aged About 39 Years Assistant Teacher ( Panchayat), At Govt. Primary School, Birejhar, Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh)
7. Ritesh Joshi, S/o Late Shri R. G. Joshi, Aged About 39 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Pathariya ( Doma), Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg (Chhattisgarh)
8. Vinod Kumar Thakur, S/o Shri Salik Ram Thakur, Aged About 37 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Naveen Tumakhurd, Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh)
9. Mahesh Kumar Thakre, S/o Shri Devaram Thakre, Aged About 30 Years Assistant Teacher ( Panchayat), At Govt. Primary School, Chikhla, Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg (Chhattisgarh) 10.B. Prakash, S/o Shri B. Sarthi, Aged About 31 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Ghatiyakhurd, Police Station
-2Nadini, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh)
11. Dhanesh Netam, S/o Shri Tukaram Netam, Aged About 33 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Pathariya ( Doma), Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg (Chhattisgarh) 12.Om Prakash Pandey, S/o Shri Satyendra Prasad Pandey, Aged About 30 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Khilordha, Police Station Dhamdha, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh) 13.Dushyant Kumar Kumbhkar, S/o Shri Shivkumar Kumbhkar, Aged About 31 Years Assistant Teacher ( Panchayat) At Govt. Primary School, Deurkona, Police Station Bori, Block Dhamdha, Civil & Revenue Distt Durg, (Chhattisgarh) 14.Girish Kuma Sinha, S/o Shri Ishwari Prasad Sinha, Aged About 30 Years Assistant Teacher ( Panchayat) At Govt.
Primary School, Madiyapar, Police Station Bori, Block Dhamdha, Civil & Revenue Distt. Durg (Chhattisgarh) 15.Smt. Jharna Deshmukh, D/o Shri Tunna Lal Deshmukh, Aged About 38 Years Assistant Teacher ( Panchayat), At Govt. Primary School Ahiwara, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh) 16.Siddharth Singh Bhuwal, S/o Shri Lalit Singh Bhuwal, Aged About 34 Years Assistant Teacher ( Panchayat), At Govt. Boys Primary School, Medesara, Police Station Ahiwara, Block Dhamdha, Civil & Revenue Distt. Durg, (Chhattisgarh) 17.Sanjeev Manikpuri, S/o Shri H. K. Manikpuri, Aged About 43 Years Assistant Teacher ( Panchayat), At Govt. Boys Primary School, Daniya, Police Station Bori, Block Dhamdha, Civil & Revenue Distt.
Versus
1. State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. District Panchayat, Durg, Through Its Chief Executive Officer, Distt. Durg (Chhattisgarh)
3. Janpad Panchayat, Dhamdha, Through Its Chief Executive Officer, Distt Durg, (Chhattisgarh)
-34. Block Education Officer, Block Dhamdha, Distt. Durg, (Chhattisgarh) ---- Respondents For Petitioners : Shri A.S. Rajput, Advocate For Respondent-State : Shri D.R. Minj, Dy. Govt. Advocate S.B.:
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 02/08/2016 Heard on admission.
1. The grievance ventilated through this petition is on account of nonconsideration of petitioners' case for promotion on the next higher post of Teacher (Panchayat).
2. Learned counsel for the petitioners submits that the petitioners are in public employment with avenue of promotion provided under the Govt. recruitment rules known as Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012. It is submitted that the petitioners have completed minimum eligibility of 7 years and large number of posts of Teacher (Panchayat) are lying vacant. The petitioners enjoy a very high position in the seniority list and are therefore within the zone of consideration. However, till date, respondents have not considered the case of the petitioners for promotion.
3. Learned counsel for the State submits that this grievance can be ventilated by the petitioners invoking the remedy of statutory representation to the competent authority as provided under Rule 18 (1) (b) of the Panchayat Service (Discipline and Appeal) Rules, 1999 (for short "the Rules of 1999"). A perusal of the aforesaid Rule clearly provides that a member of the Panchayat Service may make representation against an order which amongst others, denies promotion to a higher post or service to which is otherwise eligible according to
-4recruitment rules and which is due to him in accordance to seniority.
4. This Court, in similar cases, has already disposed off the petition with a direction to consider representation in terms of statutory rules.
5. Accordingly, this petition is also disposed off with a direction that in case the petitioners prefer representation, the same shall be considered and decided by the authority by speaking order within a period of 6 months from the date of receipt of representation.
Sd/--- (Manindra Mohan Shrivastava) Judge Praveen