Tumeshwar Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4955 of 2019

1. Tumeshwar Sahu S/o Late Shri Nandlal Sahu Aged About 36 Years Working As Peon, Government Pre Middle School, Araud, Block - Charama, District North Bastar Kanker Chhattisgarh

2. Upendra Kumar Netam S/o Late Shri Jagendra Singh Netam Aged About 32 Years Working As Peon, Pre - Middle School, Haradula, Block - Charama, District North Bastar Kanker Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh.

2. The Director Directorate Of Public Instructions, Indravati Bhawan, New Raipur Chhattisgarh

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

Mr. D.N. Prajapati, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/07/2019 1.

The grievance of the petitioners in the present writ petition is that the department has published a gradation list of the Class-IV employees as on 01.04.2018, however the names of the petitioners does not find place in the said gradation list.

2.

According to the counsel for the petitioners, both the petitioners were appointed on compassionate grounds with the respondents vide a common order dated 02.10.2008 and as such they have put in more than 10 years of regular service with the Department and are also become entitled for promotion to the class-III cadre as an Assistant Grade-III. It is the further contention of the petitioners that the juniors, who have been appointed in the Department subsequent to the petitioners, have been included in the

-2gradation list and many of them have also got promotion to the class-III cadre, but the petitioners for the reasons best known have till date not been granted the said benefits, neither is their names reflected in the gradation list of class-IV employees.

3.

Given the aforesaid facts and circumstances of the case, let the respondent No.3 take an appropriate decision so far as the claim of the petitioners is concerned and intimate the petitioners as to why their names have not been included in the gradation list. Likewise, the respondent No.3 would also consider, whether juniors to the petitioners have been considered for promotion in the class-III cadre ignoring the claim of the petitioners or not. 4.

Let the respondent No.3 take an appropriate decision at the earliest preferably within a period of 3 months from the date of receipt of the copy of this order.

5.

It shall be the responsibility of the petitioners to apprise the respondents No.3, so far as the order passed by this Court is concerned. 6.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved