Rajendra Prasad Rathore v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2160 of 2017 • Ramanand Chauhan S/o Shri Amar Singh Chouhan, Aged About 39 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Kotmara, Block Pusaur, District Raigarh (Chhattisgarh).
Versus
5. Hemchand Gadthiya, Presently Working As Lecturer Panchayat, Hirri Higher Secondary School, Block Baramkela, District Raigarh (Chhattisgarh). WPS No. 2199 Of 2017 • Smt. Rashmi Patel W/o Shri Rajendra Kumar Patel, Aged About 31 Years Presently Working As Teacher (Panchayat), Government Pre Middle School, Jasra, Block Sarangarh, District Raigarh (Chhattisgarh)
1. State of Chhattisgarh Though : Secretary, Department of School Education, Raipur (Chhattisgarh)
2. Zila Panchayat, Raigarh, Through : Chief Executive Officer, Raigarh, District Raigarh (Chhattisgarh)
3. Dr. C. V. Raman University Through : Registrar, Kargi Road- Kota, District Bilaspur (Chhattisgarh)
4. University Grant Commission Through the Secretary, University Grant Commission Bahadur Shah Zafar Marg, New Delhi (India) Mahaloi Higher Secondary School, Block Pusaur, District Raigarh (Chhattisgarh) (Chhattisgarh) WPS No. 2163 Of 2017 • Jagat Behera S/o Shri Chintaram Behera, Aged About 32 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Purunga, Block Dharmajaigarh, District Raigarh (Chhattisgarh).
1. State of Chhattisgarh Through : Secretary, Department Of School Education, Mahanadi Bhavan, Capital Complex, New Raipur, P. S. Rakhi, District Raipur (Chhattisgarh).
Mahaloi Higher Secondary School, Block Pussaur, District Raigarh (Chhattisgarh).
(Chhattisgarh).
WPS No. 2197 Of 2017 • Geeta Chauhan W/o Shri Vinod Kumar Chauhan, Aged About 36 Years Presently Working As Teacher (Panchayat), Government Middle School,
Botalda, Block Kharsiya, District Raigarh (Chhattisgarh) Raipur (Chhattisgarh)
2. Zila Panchayat, Raigarh, Through : Chief Executive Officer, Raigarh, District Raigarh (Chhattisgarh)
3. Dr. C. V. Raman University Through : Registrar, Kargi Road- Kota, District Bilaspur (Chhattisgarh)
4. University Grant Commission Through the Secretary, University Grant Commission Bahadur Shah Zafar Marg, New Delhi (India) Mahaloi Higher Secondary School, Block Pusaur, District Raigarh (Chhattisgarh) (Chhattisgarh) WPS No. 2184 Of 2017 • Jablu Ekka S/o Shri Mahendra Ekka, Aged About 41 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Geeda, Block Dharamjaigarh, District Raigarh (Chhattisgarh).
Mahaloi Higher Secondary School, Block Pussaur, District Raigarh (Chhattisgarh).
(Chhattisgarh).
WPS No. 2185 Of 2017 • Mithilesh Kumar Patel S/o Shri Chamru Singh Patel, Aged About 40 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Chaple, Block Kharsiya, District Raigarh (Chhattisgarh). Mahaloi Higher Secondary School, Block Pussaur, District Raigarh (Chhattisgarh).
(Chhattisgarh).
WPS No. 2178 Of 2017 • Annecia Ekka W/o Shri Shital Ekka, Aged About 33 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Darridih, Block Dharmajaigarh, District Raigarh (Chhattisgarh).
5. Hemchand Gadthiya, Presently Working As Lecturer Panchayat, Hirri Higher Secondary School, Block Baramkela, District Raigarh (Chhattisgarh). WPS No. 2171 Of 2017 • Vijay Kumar S/o Shri Ravi Shankar, Aged About 32 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Jamargidi, Block Dharmajaigarh, District Raigarh (Chhattisgarh).
5. Hemchand Gadthiya, Presently Working As Lecturer Panchayat, Hirri Higher Secondary School, Block Baramkela, District Raigarh (Chhattisgarh). WPS No. 2200 Of 2017
• Subodh Kumar Bairagi S/o Shri Chintaram Behera, Aged About 32 Years Presently Working As Teacher (Panchayat), Government Middle School, Kunjemura, Block Taamnar, District Raigarh (Chhattisgarh)
1. State of Chhattisgarh Through Secretary, Department of School Education, Raipur (Chhattisgarh)
2. Zila Panchayat Raigarh, Through : Chief Executive Officer, Raigarh, District Raigarh (Chhattisgarh)
3. Dr. C. V. Raman University Through : Registrar, Kargi Road- Kota, District Bilaspur (Chhattisgarh)
4. University Grant Commission Through The Secretary, University Grant Commission Bahadur Shah Zafar Marg, New Delhi (India) Mahaloi Higher Secondary School, Block Pusaur, District Raigarh (Chhattisgarh) (Chhattisgarh) WPS No. 2212 Of 2017 • Rajendra Prasad Rathore S/o Shri Mitthu Lal Banjara, Aged About 37 Years Presently Working As Teacher ( Panchayat ), Government Middle School, Nawapara, Block Gharghoda, District Raigarh (Chhattisgarh).
Mahaloi Higher Secondary School, Block Pussaur, District Raigarh (Chhattisgarh).
(Chhattisgarh).
---- Respondents For Petitioners :
Shri Sudeep Agrawal, Advocate For Respondents-State :
Shri SP Kale, Dy. AG with Shri Rajendra Tripathi and Ms. Sunita Jain, Panel Lawyers For Respondent-UGC :
Shri Bhuneshwar Singh Rajput, Advocate on behalf of Shri RK Gupta, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/05/2017
1. Learned counsel for the petitioners submits that since the petitioners are member of Panchayat Service, therefore, statutory representation is provided under Rules 18(1)(b) of Panchayat Service (Discipline and Appeal) Rules, 1999. It is contended that since the matter relates to promotion, therefore, the petitioners may be given liberty to move representations before the appropriate authority so that the statutory remedy, which is available to the petitioners may be exhausted.
2. The relevant Rule 18(1)(b) of Panchayat Service (Discipline and Appeal) Rules, 1999 as referred is quoted hereunder:- "18. Representation on other cases.-(1) A member of the Panchayat Service may make representation against an order which.- (a) x x x x x (b) denies promotion to a higher post or service to which is other wise eligible according to the recruitment rules and which is due to him according to
seniority; or"
3. After going through the facts, it is directed that in case the petitioners make suitable application as per Rules 18(1)(b) of Panchayat Service (Discipline and Appeal) Rules, 1999 along with application for condonation of delay, if so advised and places his grievances along with all the documents, in such cases, the prescribed authority may decide the same within further period of three months on the facts available before it.
4. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities may decide the representations on its own merits.
5. With the aforesaid observation, all the writ petitions stand finally disposed off. No order as to cost(s).
Sd/- Judge Prashant Kumar Mishra Ashu