Dinesh Kumar Sahu v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6287 OF 2019 Dinesh Kumar Sahu S/o Mr. Fattu Lal Sahu Aged About 32 Years By Occupation Lecturer (Panchayat) Govt. H.S.S. Kodagaon, Block Kanker, District Uttar Bastar Kanker Chhattisgarh.

...Petitioner(s)

Versus

1. The State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2. Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

3. Chief Executive Officer Zila Panchayat, District Kanker Chhattisgarh.

4. Block Development Education Officer Block Kanker, District Kanker Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Parag Kotecha, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21.08.2019

1. Grievance of the petitioner in the present writ petition is the nonacceptance of the past service rendered by him as Shiksha Karmi Grade-III under the Panchayat Department for the purpose of absorption.

2. The case of the petitioner is that he was initially appointed as Shiksha Karmi Grade-III vide order dated 06.01.2011 under the Panchayat Department i.e. respondent no.3 herein. Thereafter, the petitioner after obtaining NOC appeared in the selection process for the post of Lecturer (Panchayat) and got selected vide order dated 31.07.2018 and has been appointed on the said post and continues to work on the said post till date.

3. Grievance of the petitioner now is that, if the initial date of appointment of 06.01.2011 is taken note of the petitioner completes 8 years of service on 05.01.2019 and thereafter in terms of the circular of the State Government, dated 30.6.2018, the petitioner would be entitled for absorption which in the instant case is not being given effect to so far as the petitioner is concerned.

4. Counsel for the petitioner refers to the circular of the State Government, dated 13.7.2018, which is the clarificatory circular to the original circular dated 30.6.2018, wherein it has been specifically held by the State Government that the persons who were working on the lower post after obtaining NOC have appeared and got selected on the higher post, their earlier service rendered on the lower post shall be counted for the purpose of absorption. According to the petitioner, invoking the said circular, as clarified on 13.7.2018, the petitioner's case is liable to be considered for absorption.

5. Given the aforesaid facts and the circular dated 30.6.2018 modified on 13.7.2018, the respondents no. 1 and 3 are directed to immediately process the case of the petitioner in accordance with the aforesaid circulars and take an appropriate decision at the earliest preferably within a period of three months from the date of receipt of the copy of this order.

6. It shall be the responsibility of the petitioner to apprise the respondents so far as the order passed by this court is concerned.

7. The petitioners would also be at liberty to file a fresh representation, if they so want.

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