Brajesh Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 43 of 2019

1. Brajesh Mishra S/o Late Shrikant Mishra, Aged About 50 Years Working As Head Master And Posted At Govt. Primary School Chandi Nagar, Raipur, District Raipur, Chhattisgarh

2. Ramesh Kumar Sharma S/o Shri Ramsahay Sharma, Aged About 50 Years, Working As Head Master And Posted At Govt. Primary School Saragaon, Tahsil And District Raipur, Chhattisgarh

3. Pradeep Kumar Sahu S/o Late Paharuram Sahu, Aged About 50 Years, Working As Head Master And Posted At Govt. Prmary School Chataud, Tahsil Arang, District Raipur, Chhattisgarh

4. Rajesh Kumar Naik S/o Late Shri Ramadhar Naik, Aged About 45 Years, Working As Head Master And Posted At Govt. Primary School Bhatapra, Kendri Abhanpur, Tahsil Abhanpur, District Raipur, Chhattisgarh

5. Ravikant Patel S/o Shri Arunkant Patel, Aged About 49 Years Working As Head Master And Posted At Govt. Primary School Kesda, Tahsil Simga, District Baloda Bazar- Bhatapara, Chhattisgarh

6. Rakesh Pandey S/o Late Shri G. P. Pandey, Aged About 47 Years, Working As Head Master And Posted At Govt. Primary School Patharidih, Tahsil Raipur, District Raipur, Chhattisgarh

7. Krishna Kumar Chandrakar S/o Shri Radheshyam Chandrakar, Aged About 50 Years, Working As Head Master And Posted At Govt. Primary School Chhatauna, Mandir Hasaud Block Arang, Tahsil And District Raipur, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahandi Bhawan, New Mantralaya, Atal Nagar, New Raipur, District Raipur, Chhattisgarh

2. Director, Public Instruction, Indravati Bhawan, Raipur, Atal Nagar, New Raipur, District Raipur, Chhattisgarh ---- Respondents

For Petitioner :

Shri R. S. Patel, Advocate For State :

Shri Saleem Kazi, Additional A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08/01/2019

1. The grievance of the petitioners in the present writ petition is that all the petitioners before this Court are working on the post of Head Master, Primary School under the respondents and they are claiming promotion for the post of Lecturer in the School Education Department.

2. Contention of the counsel for the petitioners is that initially the petitioners were denied promotion on account of the fact that they were employees of Panchayat Department. Now the services of the petitioners have been absorbed with the Education Department. It is the further contention of the counsel for the petitioners that similarly placed persons who were initially employees of the Panchayat Department and later on merged with the Education Department have in due course of time been granted promotion on the post of Lecturer and they had also participated in the same selection process in which the present petitioners also have been found eligible for promotion.

3. Given the said factual matrix of the case, this Court does not intend to keep the writ petition pending, rather ends of justice would serve if the writ petition is disposed of with a direction to respondent no.1 to consider and decide the representation which the petitioners have already made subject to the verification of facts and eligibility of the

petitioners. It is ordered accordingly. Let appropriate decision be taken at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

Sd/- (P. Sam Koshy) JUDGE Khatai