Chandra Shekhar Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6801 of 2018 Chandra Shekhar Mishra S/o Late Shri L. L. Mishra, Aged About 56 Years, Occupation- Upper Division Teacher, R/o Near Govt. Hospital, Rajim District- Gariyabandh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, P.O. Mantralaya, P.S. Rakhi, NayaRaipur, District- Raipur, Chhattisgarh

2. The Director, Public Instruction Department, Indravati Bhawan, P.O. Mantralaya, P.S. Rakhi Naya-Raipur, District- Raipur, Chhattisgarh

3. The District Education Officer, Gariyabandh District- Gariyabandh, Chhattisgarh

4. Mr. Satya Dev Verm S/o Late Shri Arjun Lal Verma, Aged About 48 Years, Posted As Lecturer, In The Office Of District- Education Officer Raipur, Pensionbada, Raipur, Chhattisgarh

5. Mr. Girish Chand Behra S/o Shri Khageshwar Behra, Posted As Lecturer, Balak Hir. Sec. School Devbhog District- Gariyaband, Chhattisgarh

6. Mr. Dilip Kumar Sahu S/o Shri S. K. Sahu, Aged About 48 Years, Posted As Lecturer, Govt. Hir. Sec. School Balodabazar, DistrictBalodabazar-Bhatapara, Chhattisgarh ---- Respondents For Petitioner :

Shri Vipin Tiwari, Advocate For State :

Shri Chandresh Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 11.10.2018 The grievance of the petitioner in the instant case is that he being

senior in the Department has not been promoted on the post of Lecturer in spite of the fact that the juniors to the petitioner have already been granted promotion.

2.

According to the petitioner, there was an error crept in the seniority list which was depicted so far as the petitioner is concerned. However, subsequently vide order Annexure P-5 dated 26.04.2018 the District Education Officer Gariyaband passed an order granting seniority to the petitioner.

3.

Given the aforesaid facts, the only thing which now required is reconsideration of the case of the petitioner over and above the juniors, if any, who have been promoted vide order dated 01.06.2017 subject to the petitioner's fulfilling other parameters required for promotion. 4.

Given the said facts, let the petitioner, in addition to the representation that he has already made, make a fresh representation along with all relevant documents within a period of 20 days from today to the respondent no.2 who in turn shall take a decision considering the order of the District Education Officer dated 26.04.2018 and also taking into consideration the relevant date of appointment of the petitioner and comparing the same with the persons junior to the petitioner who have been promoted vide order dated 01.06.2017. Let this exercise be completed within a period of 90 days from the date of receipt of representation of the petitioner. 5.

With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Bhola