Nakul Singh Rathiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4544 OF 2021 1.

Nakul Singh Rathiya, S/o Late Dashrath Singh Rathiya, working as Peon, Govt. Higher Secondary School, Manora, District Jashpur (C.G.) 2.

Deepak Lal Chouhan, S/o Budhram Chouhan, aged about 46 years, working as Peon, Govt. Higher Secondary School, Manora, District Jashpur (C.G.) 3.

Man Singh Sidar, Late Shriram Sidar, aged about 55 years, working as Peon, Govt. Higher Secondary School, Manora, District Jashpur (C.G.) ... Petitioners versus 1.

State of Chhattisgarh, through the Secretary, School Education Department, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2.

The District Education Officer, Jashpur, District Jashpur (C.G.) 3.

Smt. Alka Rani Pradhan, working as Assistant Grade-3, Govt. High School, Luikona, Block Jashpur, District Jashpur (C.G.) 4.

Virendra Kumar Bhagat, working as Assistant Grade-3, Govt. Boys Higher Secondary School, Bagicha, Block Bagicha, District Jashpur (C.G.) 5.

Chandrasen Rathiya, working as Assistant Grade-3, Govt. Boys Higher Secondary School, Kotba, Block Patthalgaon, District Jashpur(CG) 6.

Ujjwal Bhagat, working as Assistant Grade-3, Govt. Boys Higher Secondary School, Bataikela, Block Kansabel, District Jashpur (C.G.) 7.

Biran Sai, working as Assistant Grade-3, Govt. Boys High School, Kamarima, Block Bagicha, District Jashpur (C.G.) ... Respondents For Petitioner :

Mr. Ramakant Pandey, Advocate.

For Respondents 1 & 2 :

Ms. Akanksha Jain, Dy. Govt. Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27/08/2021 1.

Ignoring the defaults pointed out by the Office in the present Writ Petition, the matter was finally heard at admission stage itself with the consent of learned Counsels for the parties.

2.

The limited relief that Petitioners are seeking in the present Writ Petition is for an appropriate direction to Respondent No.2 to consider the claim of Petitioners seeking for promotion ahead of the private Respondents No.3 to 7.

3.

Learned Counsel for Petitioners submits that the Petitioners are seniors to Respondents No.3 to 7 in service and they are all eligible for promotion, however, their claim has been ignored and the said private Respondents have been promoted ahead of them. He further submits that the Petitioners have made a detailed representation to Respondent No.2 but till date the same is pending and therefore they pray for an appropriate adjudication on the same at the earliest.

4.

The limited prayer of Petitioners is not opposed by learned Deputy Government Advocate appearing for Respondents No.1 & 2. 5.

Accordingly, the present Writ Petition is disposed of directing the Respondent No.2 to consider and decide the representation of Petitioners on its own merits, in accordance with the service rules governing the field. 6.

Let a decision in this regard be taken by Respondent No.2 at the earliest, preferably within a period of 60 days from the date of receipt of copy of this Order.

7.

It is made clear that this Court has not expressed any opinion on the merits of the case. Respondent No.2 shall decide the claim of Petitioners strictly in accordance with law.

8.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge