Chattisgarh High Court
Miss Neeta Pawar vs State Of Chhattisgarh on 22 October, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1/2
2024:CGHC:41585
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6814 of 2024
• Miss Neeta Pawar D/o Mr. B. M. Pawar Aged About 55 Years R/o J. R. Dani
Government Girls Utkrisht Hindi Vidhyalaya, Raipur, District Raipur, C.G.
... Petitioner
versus
1. State Of Chhattisgarh Through Secretary, School Education Department,
Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, District Raipur, C.G.
2. The Director Public Instruction School Education Department, State Of
Chhattisgarh, Indravati Bhawan, Atal Nagar, Raipur, District Raipur, C.G.
3. The District Education Officer Raipur, District Raipur, C.G.
... Respondents
For Petitioner : Mr. Akash Pandey, Advocate For Respondents / State : Mr. Abhishek Gupta, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 22/10/2024
1. Petitioner has filed this writ petition seeking following reliefs.
"10.1 To call for the records of the case for the kind perusal of this Hon'ble Court.
10.2 To issue appropriate writ and to direct the respondents for providing reservation for person with disabilities on promotion on the post of Principal (School Education Department) in light of the notification issued by the State of Chhattisgarh and to further direct the State Government to strictly PAWAN KUMAR follow the provisions of the person with disabilities JHA Digitally (equal opportunities, protection of rights and full signed by PAWAN KUMAR JHA participation) Act 1995 in the interest of justice.
10.3 Any other relief deemed fit in the facts and circumstances of the case may also be granted.
2. Learned counsel for petitioner submits that petitioner is a specially abled 2/2 person and posted as Lecturer in School Education Department. As per Circular issued by the State Government, General Administration Department on 29.08.2016, persons with disability/ specially abled person are entitled for reservation for promotion on the next promotional post also. However, no such provision has been incorporated under the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019. Petitioner has also submitted representation before respondents, however, no decision has been taken in this regard. Therefore, direction be issued at this stage to the concerned authorities to take decision on the pending representation at the earliest.
3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner seeking direction to the respondents to take decision on the pending representation, he is having no objection.
4. Considered the submission of learned counsel for the parties, nature of grievance, in particular the submission of learned counsel for petitioner seeking direction to decide pending representation, without entering into merits of the case, this writ petition at this stage is disposed of directing Respondents No. 1 to 3 to take decision on the pending representation in accordance with law, keeping in mind the Circular issued by the State Government in this regard time to time, expeditiously preferably within a further period of 04 months from the date of receipt of order passed by this Court.
Sd/-
(Parth Prateem Sahu)
pwn JUDGE