Disposed

Mahendra Kumar Patel And Anr. v. State Of Chhattisgarh And Ors.

Chhattisgarh HC27 Aug 2024WPS/4319/2013

Case brief

AI extract

What is this about?

Withdrawal petition filed by two Assistant Teachers (Panchayat) seeking promotion to Teacher (Panchayat) based on seniority. Court directed respondent to consider and decide pending representations within 120 days.

What did the court decide?

Directed respondent No.3 to consider and decide the petitioners' representations dated 16.08.2013 within 120 days.

Mahendra Kumar Patel And Anr. Vs State… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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Digitally signed by NADIM MOHLE

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2024:CGHC:32709

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 4319 of 2013

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1 - Mahendra Kumar Patel, S/o Late Umashankar Patel, Aged About 40 Years, Occupation Asstt. Teacher Panchayat, Vill. Near Bus Stand Farsgaon, P.S. and Teh. Farsgaon, Revenue Distt. Kondagaon & Civil Distt. Jagdalpur, Chhattisgarh.

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2 - Smt. Shanti Markam, w/o Ramesh Kumar Markam, Aged About 43 Years, Astt. Teacher Panchayat Vill. Platpara, Farsgaon Distt. Kondagaon Revenue Distt. Kondagaon Civil Distt. Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh.

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... Petitioners

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versus

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1 - State of Chhattisgarh, through: Secretary, Panchayat, Gramin Vikas and Shram Vibhag, Mantralaya Naya Raipur, Chhattisgarh.

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2 – Director, Panchayat Sanchanalay, Chhattisgarh, Indrawati Bhawan Naya Raipur Distt. Raipur, Chhattisgarh.

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3- Chief Executive Officer, Zila Panchayat Jagdalpur, Distt. Bastar, Chhattisgarh.

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4- Chief Executive Officer, Janpad Panchayat Farasgaon, Distt. Kondagaon, Chhattisgarh.

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5 - District Education Officer, Kondagoan, Distt. Kondagaon, Chhattisgarh.

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... Respondents

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For Petitioners : Ms. Manashvi Singh, Advocate For State : Ms. Nupoor Sonkar, Panel Lawyer

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Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

28.08.2024

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1. Vide order dated 27.08.2024, Ms. Manashvi Singh, Advocate, who was present in the Court, requested to assist the Court in the present matter as on the last three occasions i.e. 09.05.2024, 29.07.2024 & 27.08.2024, there was no representation on behalf of the petitioners.

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The petitioners have filed this petition seeking the following relief(s):-

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“10.1 यह क� ि , उ् ቈ रव ा �द�गण �� क ी �द ि �क ी �त क ि �य� ज ि ा �व� क ा � य�क ि ��त��गण �� ि सह�य� क�् ि ቌ � प ं � �यत स� क�् ि ቌ � प ं � �यत े ሰ � क�ये ि ሰ ��स�र प ं द�् ी ቐ कत द ि �व ी � । ा

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10.2 यह क� ि , उ् ቈ रव ा �द�गण �� क ी �द ि �क ी �त क ि �य� ज ि ा �व� क ा � व ि � य�क ा ��् ि ቈ ��गण �� आव�द ा �प ी ं ् ቔ कद ि ी �� 16.08.2013 प ं ररक ि �् ि ቖ प ं �-2 अ व ा ब �� क�र��रण ��् ि ቈ �र� ।

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3 यह क� ि , अनय अ��त�ष ज ् ा � े ሰ ��य नय�य�लय उक ् �त से ि ሰ झ� उ् े ቈ रव ा �द�गण, ी स� य�क��् ि ቈ ��गण �� कद ि ल�य� ज ी ा �व� । ा "

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Brief facts of the present case are that, the petitioners were initially appointed to the post of Assistant Teacher (Panchayat) in the year 1998 and they were posted in the village Sukma. Later on, their services were regularized. It is pleaded that the petitioners were entitled to get promotion to the post of Teacher (Panchayat) as junior to them were promoted. It is further pleaded that the petitioners have made representations before the respondent No.3/ Chief Executive Officer, Zila Panchayat Jagdalpur (for short, CEO, Zila Panchayat Jagdalpur) on 16.08.2013 vide Ex.P/2A & Ex.P/2B, but till date those representations have not been considered and decided.

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4. Learned counsel appearing for the petitioners, would submit that according to the Rules, the petitioners were entitled to get promotion to the next higher post (from Assistant Teacher to Teacher). She would further submit that the issue involved in the present matter is no longer res integra as the same has already been decided in the matter of Satish Ramteke v. State of Chhattisgarh and other connected matters, on 08.10.2013 by the Co-Ordinate Bench of this Court, wherein it has been held that even after transfer of the Assistant Teacher

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(Panchayat), he or she would be entitled to get benefit of promotion according to seniority. She would also submit that the respondent authorities may be directed to consider the claim of the petitioners for promotion in the light of the order passed in Satish Ramteke (supra).

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5. On the other hand, learned counsel appearing for the State, would submit that the services of the Teachers and Assistant Teachers (Panchayat) have already been absorbed in the School Education Department and that department has not been arrayed as respondent by the petitioners. She would further submit that if representations of the petitioners are pending before the respondent authorities, the same would be considered and decided in accordance with law.

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I have heard learned counsel for the parties and perused the documents.

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7. Taking into consideration the limited prayer made by learned counsel for the petitioners, the instant petition, at this juncture is hereby disposed of directing the respondent No.3/CEO, Zila Panchayat Jagdalpur to consider and decide the representations dated 16.08.2013 made by the petitioners keeping in mind the the order passed by the Co-Ordinate Bench of this Court in the matter of Satish Ramteke (supra).

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8. It is expected that the authority concerned shall decide the representations of the petitioners in an objective manner preferably within a period of 120 days from the date of receipt of copy of this order, if already not considered and decided.

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9. With the aforesaid observation(s) and direction(s), the instant petition is hereby disposed of. No order as to Cost(s).

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Sd/(Rakesh Mohan Pandey) Judge

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Nadim

Mahendra Kumar Patel And Anr. v. State Of Chhattisgarh And Ors.

Case brief

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Mahendra Kumar Patel And Anr. v. State Of Chhattisgarh And Ors.

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