Chattisgarh High Court
Mangal Singh Porte vs State Of Chhattisgarh on 9 March, 2017
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.204 of 2017
1. Mangal Singh Porte S/o Late Shri Ramkhilawan Porte Aged About 34
Years Occupation, Class 4 Karmi/ Peon Govt. Higher Secondary School
Godkhamhi R/o Village Godkhamhi Thana Lormi District Mungeli
(Chhattisgarh)
2. Upendra Singh Netam S/o Late Shri Umend Singh Netam Aged About 28
Years Occupation, Class 4 Karmi/ Peon Govt. Higher Secondary School
Hardi Khektara R/o Village Hardi Khektara Thana Lormi District Mungeli
(Chhattisgarh)
3. Nagendra Prasad Padoti S/o Late Shri Tejram Padoti Aged About 47
Years Occupation, Class 4 Karmi/ Peon Govt. Girls Higher Secondary
School Sargaon R/o Village Sargaon Thana Lormi District Mungeli
(Chhattisgarh)
4. Jageshwar Singh Dhruw S/o Late Shri Bahorik Lal Dhruw Aged About 30
Years Occupation, Class 4 Karmi/ Peon Govt. Higher Secondary School
Godkhamhi R/o Village Godkhamhi Thana Lormi District Mungeli
(Chhattisgarh)
5. Pramod Kumar Baghel S/o Shri Lakhanlal Baghel Aged About 41 Years
Occupation, Class 4 Karmi/ Peon Govt. Higher Secondary School
Dashrangpur R/o Village Dashrangpur Thana Lormi District Mungeli
(Chhattisgarh)
6. Anil Kumar Sonwani S/o Shri Bhagwat Prasad Sonwani Aged About 39
Years Occupation, Class 4 Karmi/ Peon Govt. Higher Secondary School
Fastarpur R/o Village Fastarpur Thana Lormi District Mungeli
(Chhattisgarh).
---- Petitioners
Versus
1. State of Chhattisgarh Through Secretary, School Education Department,
Mantralay Naya Raipur (Chhattisgarh)
2. Commissioner, Lok Shikshan Sanchalnalay, Chhattisgarh Raipur, District
Raipur Chhattisgarh.
3. Collector, Mungeli, District Mungeli (Chhattisgarh)
4. District Education Officer, Office of District Education Officer, Mungeli,
District Mungeli Chhattisgarh.
---- Respondents
For Petitioners : Shri Rajendra Kumar Patel, Advocate. For Respondents/State : Shri Adhiraj Surana, Dy. Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy Order On Board 2 09/03/2017
1. The petitioners by way of this petition sought for a relief of consideration of their representations which they have preferred to the respondents in respect of promotion which they are entitled for from the post of Peon to a Class-III post i.e. Assistant Grade-III.
2. Counsel for the petitioners submits that they have put in a considerable period of service with the respondents and also have all the requisite qualifications for being considered to the post of Class-III category as Assistant Grade-III. He submits that there is a policy decision of the State Government that 25 percent of the posts of Assistant Grade-III are reserved for the candidates to be filled up from among the Class-IV category in the department. The petitioners being fully eligible are not being considered by the respondents for the said promotion and for which they have already preferred representations which is pending consideration before the respondent authorities.
3. However, a perusal of record would show that as per the submissions of the petitioners themselves, there are only 21 posts lying vacant. The status of the petitioners in the seniority list published as on 31.12.2015 shows that they are placed much lower in the seniority list inasmuch as the petitioner No.5 is the only person whose name is at serial No.66. Rest of the petitioners are placed below serial No.82 and downwards. Thus, even if 21 posts which are lying vacant are filled up even then the petitioners would not be considered for promotion.
4. In view of the same, this court at this juncture is not inclined to entertain this petition and the petition is disposed of with a liberty to the petitioners 3 to pursue their remedy, if the petitioners fall within the zone of consideration in the order of seniority by approaching the competent authority by suitable representation for redressal of their grievances.
5. With the aforesaid observations, the petition stands dismissed.
Sd/-
(P. Sam Koshy) Judge inder