Kaushal Kumar Shrivastava v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5151 of 2016 Kaushal Kumar Shrivastava S/o Shri Gore Lal Shrivastava, Aged About 46 Years Working As Shiksha Karmi Grade Ill Assistant Teacher Panchayat At Govt. Primary School, Thathar, Block Chhuikhadan Distirct Rajanndgaon Chhattisgarh R/o Village Gokana, Post & Thana Gandai, Tahsil Chhuikhadan, Civil & Revenue Distirct Rajnandgaon Chhattigarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department, Of Shcool Education Mahandi Bhawan, New Raipur, Distirct Raipur Chhattisarh

2. The Collector, Rajnandgaon, District Rajnandgaon Chhattisgarh

3. Chief Executive Officer, Jial Panchayat Rajnandgaon, Distirct Rajnandgaon Chhattisgarh

4. Chief Executive Officer, Janpad Panchayat Block Chhuikhadan, District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Shri Anshul R. Shrivastava, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/09/2016 Heard on admission.

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

2. Learned counsel for the petitioner submits that the petitioner is in public employment with avenue of promotion provided under the Govt. recruitment

-2Rules known as Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012. It is submitted that the petitioner has completed minimum eligibility of 7 years and large number of posts of Teacher (Panchayat) are lying vacant. The petitioner enjoys 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 petitioner for promotion.

3. Learned counsel for the State submits that this grievance can be ventilated by the petitioner 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 petitioner prefers representation, 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 Praveen