Smt. Snehalata Vaishnav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3005 of 2020 • Smt. Snehalata Vaishnav W/o Deenbandhu Vaishnav Aged About 34 Years Working As Lecturer (Panchayat) At Govt. Higher Secondary School Arjuni, Block Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. Secretary Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Baloda Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.

3. Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, New Baloda Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.

4. District Education Officer Baloda Bazar Bhatapara District Baloda Bazar Bhatapara Chhattisgarh.

5. Chief Executive Officer Zila Panchayat Baloda Bazar Bhatapara District Baloda Bazar Bhatapara Chhattisgarh ---- Respondents For Petitioners :

Shri Govind Dewangan, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.08.2020 Heard.

1. The grievance of the petitioner is that though the initial appointment of the petitioner was made in the year 2012 and she completed 8 years of service on 22.06.2020 as such she is entitled to be absorbed in terms of the circular of the State government dated 30.06.2018.

2. Brief facts of the case are that the petitioner was initially appointed as Shiksha Karmi Grade-I under the Commissioner, Nagar Palik Nigam, Rajnandgaon, District Rajnandgaon C.G. on

22.06.2012. It is contended that thereafter the petitioner obtained permission from the Department on 31.01.2013 and appeared in the examination for the post of Lecturer Panchayat and got selected on 23.03.2013( Anneuxre P-3) and is continuously working in the same office till date.

3. Counsel for the petitioner refers to the circular of the State Government, dated 13.7.2018, which is the classificatory circular to the original circular dated 30.6.2018, wherein it has been specifically held by the State Government that the persons who were working on the lower post, if they after obtaining NOC have appeared and got selected on the higher post, their earlier service rendered on the lower post shall be counted for the purpose of absorption. According to the petitioner, invoking the said circular, as clarified on 13.7.2018, the petitioner's case is liable to be considered for absorption.

4. Given the aforesaid facts and the circular dated 30.6.2018 modified on 13.7.2018, the respondents no. 1 and 3 are directed to immediately process the case of the petitioner in accordance with the aforesaid circulars and take an appropriate decision at the earliest preferably within a period of six months from the date of receipt of the copy of this order.

5. Accordingly, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti