Smt.urvashi Singh Vs State Of Chhattisgarh And Ors.

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Digitally signed by SMT NIRMALA RAO

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2024:CGHC:29969

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2738 of 2014

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Smt.Urvashi Singh W/o Kamal Singh Bhadouriy Aged About 30 Years Assistant Teacher Panchayat T.W.D. Primary School Amapara, Lotori, Surajpur R/o Bank Colony, Nawapara, Ambikapur, Ps Ganoni Nagar, Ambikapur Distt. Surguja, Chhattisgarh

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... Petitioner

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versus

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State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi - Bhawan New Raipur Distt. Raipur C.G., Chhattisgarh

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The Chief Executive Officer Zila Panchayat, Surguja , Distt. Surguja C.G., District : Surguja (Ambikapur), Chhattisgarh

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The Chief Executive Officer Janpad Panchayat Surajpur, District : Surguja (Ambikapur), Chhattisgarh

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... Respondents

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For Petitioner	: Ms. Zainab Vanak, Advocate holding
	the brief of Shri Mateen Siddiqui, Advocate.
For Respondent No.1/ State	: Shri Pranjal Shukla, P.L.
For Respondents No.2 & 3	: None.

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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08.08.2024

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The petitioner has filed this petition seeking following reliefs:

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“10.1 That the Hon'ble Court may kindly be pleased to direct to respondent No.2 to consider the candidature of the petitioner for promotion on the post of Teacher Panchayat from Assistant Teacher Panchayat.

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10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent No.2 to count the earlier service period of the petitioner from initial date of appointment 25.6.2005 for

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2

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providing benefit of promotion.

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10.3 That, any other relief(s) which the Hon'ble Court deems fit and proper may kindly be pleased to grant in favour of the petitioner.”

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1. Learned counsel for the petitioner would submit that the petitioner is confining his relief with regard to grant of promotion on completion of 7 years of service in the post of Shiksha Karmi Grade-III as per Schedule-IV of the Chhattisgarh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (for short ‘Rules 1997’). She would further submit that according to the above-stated Rules 1997, after completion of 7 years of service on the post of Shiksha Karmi Grade-III, the employee becomes entitled to get promotion to the next higher post i.e. Shiksha Karmi Grade-II. She would submit that the claim of the petitioner was not considered though she had completed more than 9 years of service. It is also argued that the petitioner was appointed on the post of Shiksha Karmi Grade-III (Science subject) on 25.6.2005. She would submit that a direction may be issued to respondent No.2 to consider the claim of the petitioner for promotion in accordance with the Rules, 1997.

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1. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that if the petitioner is eligible and she fulfills the minimum eligibility criteria for promotion, her claim would be considered by the authorities strictly in accordance with law.

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3

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1. I have heard learned counsel for the parties and perused the documents present on record.

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1. Taking into consideration the submissions made by counsel for the petitioner, at this juncture, the petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No.2 claiming therein promotion on completion of 7 years in accordance with the Rules, 1997 and in turn, the authority concerned is directed to consider the claim of the petitioner strictly in accordance with law. It is expected that the authority concerned shall decide the representation of the petitioner preferably within a period of 120 days from the date of receipt of a copy of this order.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nimmi

Smt.urvashi Singh v. State Of Chhattisgarh And Ors.

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Smt.urvashi Singh v. State Of Chhattisgarh And Ors.

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