High Court Of ChhattisgarhWPS/3641/2018disposed off

Mohan Lal Besra v. State Of Chhattisgarh

2018-05-14Hon'Ble Shri Justice Manindra Mohan Shrivastava3 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3641 of 2018

1. Mohan Lal Besra S/o Late Ahat Ram Besra, Aged About 51 Years Head Master At Awaspara, Bagdorgri, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

2. Ashok Kumar Dariyo S/o Shri Jaylal Dariyo, Aged About 53 Years Upper Division Teacher, At Middle School Palewa, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

3. Rameshwar Kumar Dehari, S/o Shri Jhagnu Ram Dehari, Aged About 53 Years Upper Division Teacher, At Middle School Tarasgaon, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

4. Mahar Singh Kawachi S/o Late Shri Baju Singh, Aged About 57 Years Upper Division Teacher, At Middle School Shahwada, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

5. Udayram Shori, S/o Shri Jhaduram Shori, Aged About 59 Years Head Master, At Primary School Basanwahi, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

6. Rupeshwar Singh Mandavi, S/o Shri Ray Singh, Aged About 56 Years Assistant Teacher, At Primary School, Gotitola, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

7. Santkumar Kumetee S/o Shri Jhadu Ram, Aged About 54 Years Head Master At Primary School Navin Araud, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

8. Chainsingh Salam S/o Shri Buddhu Ram Aged About 49 Years Head Master At Navin Primary School Halba, Awaspara, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

9. Motiram Mandavi, S/o Shri Jharguram, Aged About 56 Years Head Master At Primary School Gadhiyapara, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh 10.Suresh Kumar Kunjam S/o Shri Shyam Lal Kunjam, Aged About 51 Years Head Master At Middle School Palewa Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

11. Kamlesh Kumar Thakur S/o Shri Jagdish Ram, Aged About 54 Years Head Master, At Primary School Kodagaon, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh 12.Dilawar Singh Dhruv S/o Late Shri Brijlal Aged About 54 Years Head Master, At Primary School Kokdi, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

-213.Mahachand Kodopi S/o Shri Dhanaji Ram, Aged About 54 Years Head Master, At Primary School Mawlipara, Block - Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh 14.Nirbhayram Kange S/o Shri Rain Singh, Aged About 55 Years Upper Division Teacher At Middle School Potgaon, Block Charama, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh 15.Premlal Netam S/o Shri Prasuram, Aged About 49 Years Upper Division Teacher, At Middle School Surhi, Block - Narharpur, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Schedule Caste And Schedule Tribe Development, Mantralay, Mahanadi Bhawan, Raipur., District : Raipur, Chhattisgarh

2. The Commissioner, Schedule Caste And Schedule Tribe Development, H.Q. Pt. Ravishankar Shukla University Campus, Raipur., District : Raipur, Chhattisgarh

3. The Collector, Kanker District Kanker Chhattisgarh., District : Kanker, Chhattisgarh

4. The District Education Officer, North Bastar, District Kanker Chhattisgarh., District : Kanker, Chhattisgarh --- Respondents For Petitioners :

Shri Avinash K. Mishra, Advocate For Respondent/State :

Shri Ramakant Mishra, Dy. A.G.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/05/2018 Heard.

Learned counsel for the petitioners submit that in view of Director Public Instructions circular dated 22/11/1979, untrained teacher who has completed 20 years of service or 50 years of age is to be treated as trained teacher and petitioner's case for promotion is required to be considered alongwith other trained teachers, therefore, the petitioners are entitled to be considered for promotion.

Learned State counsel would submit that for the present, the

-3petitioners may be permitted to move fresh representation before the competent authority and a direction may be issued to decide the same expeditiously.

Considering the limited nature of relief claimed at this stage, it is directed that in the event petitioners prefer fresh representation before the competent authority within a period of one month from today, the said competent authority shall decide their representation in accordance with law, by speaking order, as early as possible and preferably within a period of 3 months from the date of submission of representation alongwith certified copy of this order.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha