Suchita Uppal Vs State of Chhattisgarh

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2024:CGHC:35158

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2394 of 2023

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1 - Suchita Uppal W/o. Battina Gopal Rao Naidu, Aged About 34 Years Lecturer, Government School, Bademorathpal Block Tokapala, District Jagdalpur Bastar Chhattisgarh

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh

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2 - The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh

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3 - Director, Directorate, Public Instructions, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh

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4 - Joint Director (Education), Division Bastar, District Jagdalpur Chhattisgarh

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5 - District Education Officer, Bastar, District Jagdalpur Chhattisgarh

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... Respondents

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For Petitioners : C. Jayant K. Rao, Advocate For Respondent : Ms. Anuja Sharma, Panel Lawyer

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({Hon’ble Shri Justice Sachin Singh Rajput})

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Order on Board

09/09/2024

Heard.

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Following relief(s) has been claimed in this writ petition.

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“10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to absorb the services of the petitioner in the Education Department inspite of the recommendation and proposal send by the District Education Officer as per the circular dated 23.07.2020.

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10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide the salary of the petitioner from July 2022 with all consequential benefits.

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10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate. ”

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Learned counsel for the petitioner submits that the petitioner who was initially appointed on the post of Shikshakarmi Grade-I vide order dated 22.11.2017. According to order of the School Education Department of the State Government bearing F 12-3 / 2018 / 20-2 Nava Raipur dated 23.07.2020 the lecturers/teachers (panchayat/local bodies) who have completed two years of service are required to be absorbed in School Education Department. The District Education Officer, Bastar, District Jagdalpur (Respondent No.5) vide its order dated 06.03.2023 (Annexure P/5) send a proposal of absorption of the petitioner in the School Education Department to Director Public Instructions (Respondent No.3). Till date, no decision has been taken by Respondent No.3. He further submits that ventilating his grievances the petitioner has also made representations.

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Learned State Counsel submits that though the reply has not been filed but from perusal of Annexure P/4 it appears that the proposal to absorb the service of the petitioner in the School Education Department has been sent by Respondent No.5 to Respondent No.3.

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I have heard the counsel for the parties and perused the record.

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On perusal of records, it indicates that the petitioner was appointed on 03.11.2017. It also appears that a proposal was sent for absorption of the petitioner in the School Education Department by Respondent No.5 to Respondent No.3. As submitted by Mr. Rao that the Respondent No.3 has not taken any decision on it as yet.

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In view of the above submissions, this Court is of the opinion that the ends of justice would be served to the petitioner, if the Respondent No.3 is directed to take a decision on the proposal dated 06.03.2023 (Annexure P/4) within the reasonable period of time. Hence, this petition is disposed of with an expectation that Respondent No.3 shall take a decision on the proposal Annexure P/4 within the period of 120 days from the date of receipt of copy of this order.

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