Smt. Hemlata Rajwade v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4575 of 2016

1. Smt. Hemlata Rajwade W/o Shri Rajkumar Rajwade, Aged About 36 Years Posted As Assistant Teacher Panchayat At Govt. Primary School, Tivarta, Vikas Khand Pali, Civil & Revenue Distirct Korba Chhattisgarh

2. Suban Singh Paikra, S/o Shri Mukund Singh, Aged About 44 Years Posted As Assistant Teacher Panchayat At Govt. Primary School Ramtarai, Vikas Khand Pali, Civil & Revenue District Korba Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat & Rural Development, Department, Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh

2. The Chief Executive Officer, District Panchayat Korba, Distirct Korba Chhattisgarh

3. The Chief Executive Officer, Janpad Panchayat Pali, Distirct Korba Chhattisgarh

4. The Block Education Officer, Block Pali, District Korba Chhattisgarh ---- Respondents For Petitioners :

Shri Sanjay Agrawal, Advocate For Respondent-State :

Shri Dheeraj Wankhede, G.A.

S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/09/2016 Heard on admission.

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

-22. Learned counsel for the petitioners submits that the petitioners are in public employment with avenue of promotion provided under the Govt. recruitment rules known as Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012. It is submitted that the petitioners have completed minimum eligibility of 7 years and large number of posts of Teacher (Panchayat) are lying vacant. The petitioners enjoy a very high position in the seniority list and are therefore within the zone of consideration. However, till date, respondents have not considered the case of the petitioners for promotion.

3. Learned counsel for the State submits that this grievance can be ventilated by the petitioners 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 them 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 petitioners prefer 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 Rekha