Rajesh Kumar Jogi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5681 of 2021 • Rajesh Kumar Jogi S/o Sarju Prasad Jogi Aged About 39 Years Working As Lacturer (Maths), Govt. High School, Umarwah, Block Bharatpur, District - Koria (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (Chhattisgarh)

2. Director, Public Instruction, Indravati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (Chhattisgarh)

3. Divisional Joint Director, Bilaspur Division, District - Bilaspur (Chhattisgarh)

4. District Education Officer, Koria, District Koria (Chhattisgarh) ---- Respondents _____________________________________________________________________ For Petitioner:

: Shri C.Jayant K.Rao, Adv.

For the State/Respondents:

: Shri Jitendra Kumar Pali, Dy. A.G.

appears on advance copy.

Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board 25.10.2021

1. Heard on admission.

2. By way of this petition filed under Article 226 of the Constitution of India, the petitioner is praying for issuance of direction against the Respondent's Authorities to consider the past services of the petitioner as Lecturer (LB) for the purposes of his seniority and all other consequential benefits along with other reliefs as mentioned in the petition.

3. At the outset, it appears from the order dated 29.10.2015 passed by the Division Bench of this Court in Writ Appeal No.475 of 2015 in the matter of Rita Singh Versus State of Chhattisgarh and others that previous

service prior to transfer shall be counted for eligibility for promotion, but not for the seniority. The relevant portion as mentioned at para 16 reads as under:- "It is also worthwhile to notice that in Smt. Reeta Singh v. State of Chhattisgarh & Others [WA No. 475 of 2015 d/on 29.10.2015] and other connected matters, the Division Bench of this Court while considering the issue of grant of seniority on voluntary transfer from the Janpad Panchayat to another, it has been held that such previous service prior to transfer shall be counted for eligibility for promotion, but not for seniority, therefore, as a necessary corollary, for counting the period of 8 years service for being eligible to obtain benefit of revised pay-scale also the previous service in the lower post of Teacher (Panchayat) cadre is to be counted."

4. That apart, the petitioner has already submitted his representation before the concerned Authorities on 06.09.2021 seeking the same relief and, the same is still under consideration before the said Authority. In view thereof, the petition is pre-matured in nature and, therefore, I am not inclined to entertain this petition at this stage.

5. The petition is accordingly dismissed at admission stage itself. Sd/- (Sanjay S. Agrawal) JUDGE vivek