Smt. Nilima Badge v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4926 of 2020

1. Smt. Nilima Badge W/o Krishna Pandey, Aged About 41 Years Working As A.B.E.O. At O/o Block Education Officer, Sakti, District Janjgir Champa (Education District Sakti) Chhattisgarh.

2. Hemant Kumar Sahu S/o Shri Tulsi Ram Sahu, Aged About 45 Years Working As A.B.E.O. Gariyaband District Gariyaband Chhattisgarh.

3. Devnath Baghel, S/o Suberam Baghel, Aged About 41 Years A.B.E.O. Devbhog, Gariyaband, District Gariyaband Chhattisgarh.

4. Anil Kumar Dhurwa S/o Vimal Sing Dhurwa, Aged About 40 Years A.B.E.O. Fingeshwar, District Gariyaband Chhattisgarh.

5. Devendra Singh Bahal, S/o Bahbal Singh Bahal, Aged About 35 Years A.B.E.O. Fingeshwar, District Gariyaband Chhattisgarh.

6. D.G. Patra, S/o Late Shri D. Guha Patra, Aged About 42 Years A.B.E.O. Pandariya, District Kabirdham Chhattisgarh.

7. Vinod Kumar Shukla, S/o Mr. Ramesh Kumar Shukla, Aged About 41 Years A.B.E.O. Basna, District Mahasamund Chhattisgarh.

8. Ramakant Dewangan S/o Parmanand Dewangan, Aged About 40 Years A.B.E.O. Kasdol, District Balodabazar Bhatapara Chhattisgarh.

9. Dibya Prakash Soni, S/o N.P. Soni, Aged About 33 Years A.B.E.O. Bilaigarh, District Balodabazar Bhatapara Chhattisgarh.

---- Petitioners

Versus

1. State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur Chhattisgarh.

2. The Director, Public Instructions, Chhattisgarh H.Q.- Indravati Bhawan, Naya Raipur, Atal Nagar Raipur Chhattisgarh.

---- Respondents For Petitioners :

Shri Faiz Kazi, Advocate.

For Respondents/State :

Shri Ashish Tiwari, Government Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P.R. Ramachandra Menon, Chief Justice 01.12.2020 1.

The Petitioners have moved this Court with the following prayers: "a.

This Hon'ble Court may be kind enough to call for the records of the instant matter.

b.

This Hon'ble Court may be kind enough to direct the respondent State to suitably modify Clause 17 of Schedule II of the Chhattisgarh School Education

Services (Educational and Administrative Cadre) Recruitment and Promotion Rules of 2019 to remove the discrimination and arbitrariness against the post of Assistant Block Education Officers.

c.

This Hon'ble Court may be kind enough to quash the impugned order passed by the respondent State dt. 07.09.2020 [ANNEXURE P/6] summarily dismissing the representation submitted by the petitioners in compliance to the order of this Hon'ble Court dt. 08.01.2020 in WPS No. 33/2020, without even addressing in entirety the issues/grievances which were raised by the petitioners in representation.

d.

Alternatively, this Hon'ble Court may be kind enough to direct the Respondent State to formulate the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules of 2019 afresh so as to provide equal opportunity to the Assistant Block Education Officers for promotion to the superior post.

e.

This Hon'ble Court may be pleased to pass any other order as it deems fit, in the interest of justice." 2.

When the learned counsel for the Petitioners was required to explain how the prayers could be entertained by this Court, especially when there is no challenge against the Rules, the learned counsel seeks permission to withdraw the matter without prejudice to the rights and liberties to file a proper one, moulding the pleadings and prayers in proper manner. 3.

Permission is granted. The writ petition dismissed as withdrawn. Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Hem