1 2025:CGHC:17825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2620 of 2025 1 - Pradeep Kumar Pandey S/o Late Ramadhar Pandey Aged About 60 Years R/o Nilu Niwas College Road, P.O. / Tahsil Hardi Bazar District Korba Chhattisgarh. 2 - Uttan Das Mahant S/o Late Hiraman Das Mahnat Aged About 60 Years R/o Hardi Bazar P.O. / Tahsil Hardi Bazar, District Korba Chhattisgarh. 3 - Dil Raj Singh Tanwar S/o Late Naipal Singh Aged About 60 Years R/o Govt. G.B. College Hardi Bazar, P.O. / Tahsil Hardi Bazar, District Korba Chhattisgarh. 4 - Baldev Prasad Aheer S/o Late Bhagat Ram Aged About 60 Years R/o Govt. G.B. College Hardi Bazar, P.O. / Tahsil Hardi Bazar, District Korba Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - The Commissioner Directorate Of Higher Education, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - The Principal Government Gramya Bharti College, Hardi Bazar, P.O. Hardi Bazar District Korba Chhattisgarh. Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Dr. Jitendra Kishore Mehta and Mr. Anand Kumar Kujur, Advocate For State : Mr. Akhilesh Kumar, GA RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.04.22 10:27:14 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/04/2025 1. By the present Writ Petition, the petitioners, who are working as Laboratory Attendant at Gramya Bharti Vidyapeeth, Hardi Bazar, District Korba (C.G.), are seeking a direction towards the respondents’ authorities to consider the case of the petitioners for promotion to the post of Laboratory Technical while determining their seniority from the date when the State Govt. has taken over the charge over the institution/college i.e. 19/09/2013. 2. Learned counsel for the petitioners referring to Schedule- 1 (c) of Clause-6 of the Chhattisgarh Class-IV Promotion Rules 1977 would submit that it has been clearly provided in the said Rules that “Seniority of absorbed on any specific post shall be determined from the date, the College was taken over by the Government”. He would submit that the said Rule was amended on 13/06/2013, wherein also the provisions have been made that seniority of absorbed on any specific post shall be determined from the date, the college was taken over by the Govt., therefore, the seniority of the petitioners should be determined from the date when the College was taken over by the State Govt. Thus, he prays that necessary directions may be given to the respondents’ authority to consider the claim of the petitioners. 3. Learned counsel for the State would submit that if the petitioners will submit a fresh representation before respondent No. 1 & 2, the same shall be considered in accordance with the law and necessary order will 3 be passed. 4. I have heard learned counsel for the parties and perused the pleadings. 5. It is not in dispute that the petitioners were appointed in the college of respondent No.3, which was taken over by the State Govt. 19/09/2013. It is also not in dispute that the petitioners were absorbed in Govt. service on 03/06/2016. 6. As per the contention of the petitioners their seniority are being determined from the date of their absorption i.e. 03/06/2016 and they have submitted representations before the respondent Authority on several occasions, but the same has not been considered. 7. In view of the above submissions made by the counsel for the State as well as the above factual scenario, this Writ Petition is disposed of with a direction to the petitioner to submit a representation before respondent No. 1 & 2 within a period of 20 days by mentioning the relevant rules and in case of submission of such representation, the respondents’ authorities shall consider the same in accordance with the Rules, 1977 and shall pass reasoned and speaking order within a further period of 40 days from the date of receipt of the representation to be filed by the petitioner. 8. With the aforesaid direction/liberty, the Writ Petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul