Laxman Prasad Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6284 OF 2019 Laxman Prasad Sidar S/o Shri Tilak Ram Sidar Aged About 46 Years Working As Assistant Teacher (Panchayat) At Govt. Primary, Kotasura, Janpad Panchayat Pusour, District Raigarh Chhattisgarh.

...Petitioner(s)

Versus

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

2. The Secretary, Department of Panchayat and Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

3. Chief Executive Officer, Janpad Panchayat Pusour, District Raigarh Chhattisgarh.

4. Block Education Officer, Block Pusour, District Raigarh Chhattisgarh. ... Respondent(s) For Petitioner :

Shri R.S. Patel, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 20.08.2019

1. Though the present writ petition has been filed seeking for absorption in the Education Department, however, it appears that the core issue involved in the case is whether the petitioner is entitled for seniority from the date of appointment dated 17.06.2010 or from the date of joining i.e. 03.03.2016.

2. Given the aforesaid issue involved in the instant case, this court is of the opinion that until and unless the issue of seniority is decided by the respondents, the question of absorption or the claim for absorption would not materialize.

3. Accordingly, reserving the right of the petitioner to approach the respondents for ventilating his grievances by making a suitable representation so far as seniority is concerned, the present writ petition

stands disposed of. In the event, if the petitioner makes representation in this regard to the respondents No.2&3, appropriate decision on the representation on its merit be taken at the earliest preferably within a period of four months from the date of receipt of representation.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder