Tika Lal Tandon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3369 of 2015

1. Tika Lal Tandon S/o Punit Ram, Aged About 63 Years Working As Head Master, Govt. Middle School, Nawagaon, District Baloda Bazar- Bhatapara, Chhattisgarh

2. Sita Ram Sahu, S/o Shivabagas Sahu, Aged About 60 Years Working As Head Master, Govt. Middle School, Akaltara, Block Simga, District Baloda Bazar- Bhatapara, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through Secretary, Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh

2. Director, Public Instructions, Raipur, Chhattisgarh

3. Deputy Director, Public Instructions, Raipur, Chhattisgarh

4. District Education Officer, Baloda Bazar, District Baloda Bazar- Bhatapara, Chhattisgarh ---- Respondents For Petitioners :

Shri CJK Rao, Advocate For Respondents-State :

Shri YS Thakur, Dy. AG for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/09/2015

1. The petitioners are working as Head Masters, are aggrieved by their supersession in the matter of promotion to the post of Lecturer (Hindi).

2. According to learned counsel for the petitioners, number of juniors have been promoted and despite representation being filed by the petitioners, their grievance has not been paid heed to. He would submit that the petitioners have not earned any adverse remark, nor any enquiry is pending

against them, therefore, non-consideration of their case for promotion is arbitrary.

3. Learned counsel would further submit that for the present, the petitioners may be permitted to make fresh representations and the respondents be directed to decide the same at the earliest, so that the petitioners are aware as to the reason for denial of promotion.

4. Learned State counsel would submit that if fresh representations are filed, the same shall be considered and decided, in accordance with law.

5. In view of the foregoing, the writ petition is disposed of with a direction that in the event, the petitioners submit fresh representations within a period of one month from today, the competent authority shall consider and decide the same by a speaking order, in accordance with law, on its own merits, within a further period of three months.

6. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- Judge (Prashant Kumar Mishra) ashu