High Court Of ChhattisgarhWPS/7903/2019disposed off

Kamlesh Kashyap v. The State Of Chhattisgarh

2019-09-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7903 of 2019 Kamlesh Kashyap S/o Shri Bhushanram Kashyap Aged About 35 Years Presently Posted As Assistant Teacher (Panchayt), Primary School Kanakurudhpal, Block Tokapal, District- Bastar, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mantralaya, Mahanbadi Bhawan, Atal Nagar, Police Station Rakhi, New Raipur, District- Raipur, Chhattisgarh

2. District Panchayat Bastar, Through Chief Executive Officer, DistrictPanchayat, Jagdalpur, Bastar, Chhattisgarh ---- Respondents For Petitioner :

Mr. Rahul Tamaskar, Advocate For State :

Mr. Jitendra Pali, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 30/09/2019

1. The limited relief that the petitioner has sought for is for an appropriate direction to conduct regular DPC for grant of promotion to the petitioner from the post of Assistant Teacher (Panchayat) to the post of Teacher (Panchayat) in the subject English.

2. According to the petitioner, petitioner fulfills all the requisite eligibility criteria under the rules and also have the requisite length of service for being considered for promotion. According to the petitioner when the earlier DPC was convened he was ignored by the department by considering some of those persons who were otherwise not

fulfilling the eligibility criteria under the rules. These illegal promotions have since been canceled and person who have been promoted stood reverted back and as such vacancies on the promotional post of Teacher(Panchayat) has again arisen and where the petitioner is entitled to be considered according to his seniority and suitability.

3. Given the aforesaid facts, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if respondent No.1 is directed to consider the claim of the petitioner for promotion as and when next DPC is convened to the post of Teacher(Panchayat) subject to the petitioner falling under the zone of consideration and of course, the petitioner also fulfilling the minimum eligibility criteria for promotion.

4. With the aforesaid observations and directions, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit