Dashmant Kumar Jaiswal v. State of Chhattisgarh
Case brief
What is this about?
Promotion; Assistant Teacher (Panchayat); Teacher (Panchayat) (Librarian); clarificatory circular versus statutory service rules; contention that executive instructions cannot alter statutory rules rejected; Chhattisgarh Shikshak (Panchayat) Cadre (Recruitment and Service Condition) Rules 2012; Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019; seven years' service condition; cadre birth requirement; merger of Panchayat teaching departments/staff with School Education Department; Teacher (local body); Article 226 Constitution of India; writ petitions dismissed with directions; districts Bilaspur, Balod, Korba, Raigarh; Shikshakarmi Grade-III appointment 13.10.2008.
What did the court decide?
No relief granted on the challenge: prayer to quash Annexure P/1 rejected, and claims for promotion with arrears, 18% interest and compensation refused; writ petitions dismissed. However, clarification/direction issued that the petitioners' cases be considered for promotion on the post of Teacher (local body) under the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019, on representations to the School Education Department, within 8 weeks if juniors have been promoted.