Pushpendra Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3893 of 2016

1. Pushpendra Dhruw S/o Jugruram Dhruw, Aged About 33 Years Assistant Teacher Panchayat At Govt. Primary School, Sindhi Block Mahasamund, District Mahasamund Chhattisgarh

2. Atma Ram Sahu, S/o Babulal Sahu, Aged About 42 Years Assistant Teacher Panchayat At Govt. Primary School, Kosrangi, Block Mahasamund District Mahasamund Chhatisgarh

3. Smt. Hemlata Sahu, W/o Shri Atmaram Sahu, Aged About 36 Years Assistant Teacher Panchayat At Govt. Primary School Kuhri, Block Mahasamund District Mahasamund Chhattisgarh ---- Petitioners

Versus

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

2. District Panchayat, Mahasamund Through Its Chief Executive Officer, District Mahasamund Chhattisgarh

3. Janpad Panchayat, Mahasamund Through Its Chief Executive Officer, District Mahasamund Chhattisgarh

4. Block Education Officer, Block Mahasamund District Mahasamund Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioners :

Mr. Anil Singh Rajput, Advocate For State :

Mr. R.K. Gupta, Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/08/2016 Heard on admission.

1.

The grievance ventilated through this petition is on account of nonconsideration of petitioners' case for promotion on the next higher post of Teacher (Panchayat).

2.

Learned counsel for the petitioners submits that the petitioners are in public employment with avenue of promotion provided under the Govt. recruitment rules known as Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012. It is submitted that the petitioners have completed minimum eligibility of 7 years and large number of posts of Teacher (Panchayat) are lying

vacant. The petitioners enjoy a very high position in the seniority list and is therefore within the zone of consideration. However, till date, respondents have not considered the case of the petitioners for promotion.

3.

Learned counsel for the State submits that this grievance can be ventilated by the petitioners invoking the remedy of statutory representation to the competent authority as provided under Rule 18

(1) (b) of the Panchayat Service (Discipline and Appeal) Rules, 1999 (for short "the Rules of 1999"). A perusal of the aforesaid Rule clearly provides that a member of the Panchayat Service may make representation against an order which amongst others, denies promotion to a higher post or service to which is otherwise eligible according to recruitment rules and which is due to him in accordance to seniority.

4.

This Court, in similar cases, has already disposed off the petition with a direction to consider representation in terms of statutory rules.

5.

Accordingly, this petition is also disposed off with a direction that in case the petitioners prefer representations, the same shall be considered and decided by the authority by speaking order within a period of 6 months from the date of receipt of representation. Sd/- (Manindra Mohan Shrivastava) Judge Chandra