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Chattisgarh High Court

Sita Devi Kuldip vs State Of Chhattisgarh 11 Wps/8685/2019 ... on 23 October, 2019

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                                                                           NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                           WPS No. 8749 of 2019

1. Sita Devi Kuldip W/o Amar Lal Kuldeep Aged About 44 Years Posted As A Asst.
   Teacher At Primary School Sorar Block Gurur Dist. Balod Chhattisgarh

2. Kedar Nath Sonhare S/o Late Mukut Ram Sonhare Aged About 42 Years
   Posted As Asst. Teacher (Lab) At Higher Secondary School Purur Block Gurur
   Dist. Balod Chhattisgarh

3. Damman Lal Bharadwaj S/o Late Ram Narayan Bharadwaj Aged About 51
   Years Posted As Asst. Teacher At Primary School Kanjeli Block Daundi Dist.
   Balod Chhattisgarh

4. Basanti Deshlehra W/o Lubhan Singh Deshlehra Aged About 51 Years Posted
   As Asst. Teacher At Primary School Bhirai Block Guru Dist. Balod Chhattisgarh

5. Basanti Sahu W/o Narendra Sahu Aged About 52 Years Posted As Asst.
   Teacher At Govt. Girls Ashram Primary School Ghotiya Block Daundi Dist.
   Balod Chhattisgarh

6. Hemin Pisda W/o Prakash Kumar Pisda Aged About 46 Years Posted As Asst.
   Teacher At Govt. Primary School Orgaon No. 01 Block Daundi Dist. Balod,
   Chhattisgarh

7. Rajeshri Yadu W/o Karunesh Yadav Aged About 39 Years Posted As A Asst.
   Teacher At Primary School Siwni Block Balod Dist. Balod, Chhattisgarh

8. Bhuneshwari Sahu W/o Radhe Shyam Sahu Aged About 42 Years Posted As A
   Asst. Teacher At Govt. Primary School Bhirai Lohara Block Daundi Lohara Dist.
   Balod Chhattisgarh

9. Parwati Thakur W/o Gopi Ram Thakur Aged About 45 Years Posted As Asst.
   Teacher At Primary School Jata Gaon Block Daundi Lohara Dist. Balod,
   Chhattisgarh

10. Vinay Kumar Netam S/o Hariram Aged About 46 Years Posted As A Asst.
   Teacher At Primary School Ruputola Block Guru Dist Balod Chhattisgarh

11. Sanjay Netam S/o Shri Ramadhar Netam Aged About 42 Years Posted As A
    Asst. Teacher At Primary School Arjuni Block Gurur Dist. Balod, Chhattisgarh

12. Sato Dhankar W/o Tejram Dhankar Aged About 44 Years Posted As A Asst.
    Teacher At Primary School Korguda Block Daundi Lohara Dist. Balod
    Chhattisgarh

13. Jwala Ram Rawte S/o Keju Ram Rawte Aged About 43 Years Posted As A Asst.
    Teacher At Primary School Koba Block Daundi Lohara Dist. - Balod
    Chhattisgarh

14. Bishnu Ram Suryavanshi S/o Shri Krishna Ram Suryavanshi Aged About 52
    Years Posted As A Asst. Teacher At Primary School Pond Tehsil Gurur Dist.
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      Balod Chhattiisgarh

                                                                          ---- Petitioners

                                       Versus

   1. State of Chhattisgarh Through Secretary Department Of Education Mahanadi
      Bhawan, Naya Mantralaya, Naya Raipur District Raipur Chhattisgarh

   2. Collector Balod Dist. - Balod Chhattisgarh

   3. District Educational Officer District Balod Chhattisgarh

   4. Chief Executive Officer District Panchayat Balod, District Balod Chhattisgarh

                                                                      ---- Respondents

For Petitioners : Shri Sunil Tripathi, Advocate For Respondents/State : Ms. Akanksha Jain, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/10/2019

1. Heard.

2. The limited prayer has been made by the petitioners that the petitioners were Assistant Teachers Panchayat, subsequently their services were merged with the Education Department. It is contended that in the year 2017 the name of the petitioners were proposed for promotion vide Annexure P-1, however, till date no decision has been taken and the petitioners who are eligible for promotion are not been promoted.

3. Considering the limited prayer made by the petitioners, since the right to be considered for the promotion is a part of the service jurisprudence and a right of the employee, therefore, the names of the petitioners has already been sent for promotion, the State is obliged to consider the same within a reasonable time as from 2017 it appears that it has not been considered. Taking into such fact, 3 it is directed that the State shall take a decision with respect to the proposal on recommendation of promotion of the petitioners from Assistant Teacher Panchayat to Teacher Panchayat within a period of six months from the date of receipt of copy of this order.

4. With the aforesaid observation, the writ petition stands disposed of.

Sd/-

Goutam Bhaduri Judge Ashu