Rajeshwari Chandra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 6218 OF 2018 • Rajeshwari Chandra, W/o Laxmikant Chandra, aged about 35 years, Posted as Assistant Teacher Panchayat (Arts) at Government Primary School Karibhamwar, Jaijaipur, District Janjgir-Champa (CG). R/o Village Nandeli, Tahsil Jaijaipur, District Janjgir-Champa (CG) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Department of Panchayat and Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (CG) 2.

Chief Executive Officer, Zila Panchayat, Janjgir, District JanjgirChampa (CG) 3.

Chief Executive Officer, Janpad Panchayat, Jaijaipur, District Janjgir-Champa (CG) ... Respondents For Petitioner :

Mr. Shantam Awasthi, Advocate.

For Respondent No.1 :

Ms. Binu Sharma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board [28 /09/2021 ] 1.

The present Writ Petition has been preferred by Petitioner aggrieved by the inaction on part of Respondents in granting promotion to the Petitioner to the post of Teacher Panchayat (Librarian) from the post of Assistant Teacher (Panchayat) at which post she is working. 2.

Learned Counsel for Petitioner submits that Petitioner was initially appointed as Assistant Teacher (Panchayat) in the year 2008 and since then she is continuously discharging her duties on the said post. Meanwhile, the Petitioner has acquired the qualification required for a Librarian under the Rules governing the services of Petitioner, which envisage a Clause wherein on acquiring the qualification for Librarian, an Assistant Teacher (Panchayat) can be considered for promotion to the said post.

3.

Learned Counsel for Petitioner further submits that there are vacancies available in the Department at District Janjgir-Champa itself where the Petitioner is discharging her duties. In addition, the Petitioner is amongst the senior-most candidates eligible for the said post. Since the Respondents are not taking any action on the claim put forth by Petitioner, she prays that a suitable direction may be issued in this regard. 4.

Learned Panel Lawyer appearing for Respondent State does not oppose the said prayer made by learned Counsel for Petitioner. 5.

Accordingly, the present Writ Petition is disposed of at this juncture with a direction to Respondent No.2 to consider the request of Petitioner for grant of promotion to the post of Teacher Panchayat (Librarian) subject to Petitioner's fulfilling all the eligibility criteria. In addition, the Respondent No.2 would also ensure that whether the rules do permit the claim of Petitioner for grant of promotion to the said post. 6.

Let this exercise be done within a period of three months from the date of presentation of certified copy of this Order before Respondent No.2.

7.

With aforesaid direction/observation, the Writ Petition stands disposed of.

Sd/- (P. Sam Koshy) /sharad/ Judge