Smt. Meenakshi Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2405 of 2018 Smt. Meenakshi Sahu W/o Chandresh Sahu, aged about 31 years, working as Assistant Teacher (Panchayat), at Govt. Primary School, Chamar Rai Tolagaon, Block Dongargaon, District Rajnandgaon (C.G.). ---- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Department of Panchayat, Mahanadi Bhawan,, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Chief Executive Officer, Zila Panchayat, Rajnandgaon, District Rajnandgaon (C.G.).

3. Chief Executive Officer, Janpad Panchayat, Dongargaon, District Rajnandgaon (C.G.).

---Respondents For petitioner :

Shri Ajay Shrivastava, Advocate.

For State :

Shri Syed Majid Ali, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20/03/2018 1.

The counsel for the parties fairly submits that the issue involved in the present case has been already considered by the division Bench of this Court in Writ Appeal No.475/2015 (Smt. Reeta Singh v. State of Chhattisgarh & Ors.) and analogous appeals decided on 29/10/2015. 2.

According to the counsel for the petitioner, the past service of the petitioner rendered in different Janpat Panchayat has to be taken into consideration though at her request she has been transferred later on to a different Panchayat for the purpose of counting length of service. He further

submits that, though she may not be given seniority of the past service, but length of service for eligibility would definitely have to be counted. He further submits that, a similar petition i.e. WPS No. 4040/2016 has been decided by this Court on 24/08/2016 and the present Writ Petition can also be disposed off in similar terms.

3.

The said contention made by the counsel for the petitioner is not disputed by the State counsel.

4.

Accordingly, the present Writ Petition stands disposed off in similar terms. It is directed that the respondents should consider the petitioner's representation seeking counting of her past service rendered at Janpat Panchayat Ambagarh Chowk.

5.

Let the petitioner file a detailed representation to the respondent No.2 who in turn shall consider and decide the representation so far as the eligibility of the petitioner being considered for promotion, keeping in view the total length of service of the petitioner inclusively that of the service rendered at different Janpat Panchayat i.e. Janpat Panchayat Ambagarh Chowk.

6.

The respondent No.2 shall decide the representation of the petitioner in the light of the decision rendered by the division Bench of this Court in Writ Appeal of Smt. Reeta Singh (Supra).

7.

With the aforesaid observation, the Writ Petition finally stands disposed off.

8.

It is expected that the authorities would take a decision on the representation if so made by the petitioner within a period of 6 weeks' from the date of receipt of the representation.

Sd/- (P. Sam Koshy) Sumit JUDGE