Rajesh Dewagan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2933 of 2015

1. Rajesh Dewagan S/o Shri Peeluram Dewangan Aged About 48 years Shiksha Karmi Grade I I I (Now Assistant Teacher Panchayat) Posted At- Primary School- Kodoli, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

2. Pankaj Kumar Bhagel S/o Shri B.R. Bhagel Aged About 38 Years Shiksha Karmi Grade I I I (Now Assistant Teacher Panchayat) Posted At- Primary School- Kodoli, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

3. L. R. Kunjam S/o Shri Somluram Kunjam Aged About 44 Years Shiksha Karmai Grade I I I (Now Assistant Teacher Panchayat) Posted At- Balak Asharam- Talnar, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

4. Ramesh Dewagan S/o Shri Ram Das Dewagan Aged About 44 Years Shiksha Karmi Grade I I I (Now Assistant Teacher Panchayat) Posted At- Primary School- Aadhwada, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

5. Smt. Lata Tonya W/o Shri H.L. Tonya Aged About 40 Years Shiksha Karmai Grade I I I (Now Assistant Teacher Panchayat) Posted AtGurukul Asharam- Bhatwada, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

6. Smt. Kalawati Gagda W/o Shri Manmohan Singh Gagda Aged About 41 Years Shiksha Karmi Grade I I I (Now Assistant Teacher Panchayat) Posted At- Primary School- Lankapara, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

7. Krishna Kumar Gagda S/o Shri A.R. Gagda Aged About 37 Years Shiksha Karmai Grade I I I (Now Assistant Teacher Panchayat) Posted At- Boys Primary School- Bhairamgarh, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

8. Manguram Vatti S/o Shri G. R. Vatti Aged About 38 Years Shiksha Karmai Grade I I I (Now Assistant Teacher Panchayat) Posted At- Balak Asharam- Niram, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

9. Sukhdas Kurud S/o Shri Ram Kurud Aged About 42 Years Shiksha Karmi Grade I I I (Now Assistant Teacher Panchayat) Posted At-

Primary School- Karrepara, P.S. And Tahsil Bhairamgarh, District Bijapur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through : Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan Mantralay, P.S. Naya Raipur, Naya Raipur Chhattisgarh.

2. Director Through Panchayat Secretariat Indrawati Bhawan Mantralay, P.S. Naya Raipur, Naya Raipur Chhattisgarh.

3. Collector Bijapur Collectorate, Bijapur, P.S. Bijapur Chhattisgarh.

4. Chief Executive Officer Zila Panchayat, Zila Panchayat Bijapur, P. S. Bijapur Chhattisgarh.

5. Assistant Commissioner Tribal Department Of Tribal Development, P. S. Bijapur Chhattisgarh.

6. District Education Officer Bijapur, P. S. Bijapur Chhattisgarh. ---- Respondent For Petitioners : Shri Avinash K. Mishra, Advocate.

For Respondent/State : Shri PK Bhaduri, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/08/2015

1. Learned counsel for the petitioners would submit that the petitioners are working as Shiksha Karmi Grade-III (Assistant Teacher, Panchayat) and are eligible for promotion to the post of Shiksha Karmi Grade-II, now re-designated as Teacher (Panchayat). Learned counsel would submit that the persons junior to the petitioners have been promoted on the post

of Teacher (Panchayat) by order dated 30.6.2015 passed by the District Panchayat, Bijapur and the representations preferred by the petitioners have not been considered.

2. Considering the provisions contained in Rule 18 of the Chhattisgarh Panchayat Service (Discipline and Appeal) Rules, 1999 wherein remedy of filing representation in case of denial of promotion, while granting promotion to the juniors, has been provided, the writ petition is disposed of with a direction that if the petitioners move fresh representation before respondent No.4 i.e. CEO, Zila Panchayat, Bijapur within a period of one month from today, the said authority shall consider and decide the representation in accordance with law, by a speaking order, at the earliest, preferably within a period of 3 months from the date of submission of representation. Sd/- Judge (Prashant Kumar Mishra) Barve