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2025 DAILYLAW 18310 (CHH)

SMT. DULARI SAHU v. STATE OF CHHATTISGARH

WPS/3125/2022 · 2025-04-21

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:17950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3125 of 2022 1 - Smt. Dulari Sahu W/o Omprakash Sahu Aged About 40 Years Working As Assistant Teacher (Presently L.B.) And Posted At Government Primary School Sanjay Nagar, Block Fingeshwar, District Gariyaband Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Urban Administration And Development , Mahanadi Bhawan, Mantralaya New Raipur,, District : Raipur, Chhattisgarh 2 - Chief Municipal Officer, Municipal Council Fineshwar, District : Gariyabandh, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Vinod Kumar Sharma, Advocate For Respondents/ State : Mr. Sabyasachi Choubey, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/04/2025 1. By the present writ petition, the petitioner, who is working on the post of Assistant Teacher since 10/12/2007, is seeking a direction SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.22 10:48:34 +0530 2 / 3 towards the respondent authorities to consider the case of the petitioner for grant of promotion as per the recommendation of the DPC dated 25/04/2018 with all the consequential benefits. 2. At the very outset, learned counsel for the petitioner would submit that very similar issue has come up before the Hon’ble Division Bench of this Court in Writ Appeal No. 169 of 2024 [Sarvesh Kumar Sharma and Ors. Vs. State of C.G. and Ors.] decided on 16.04.2024, wherein, an observation has been made that similarly situated employees of other districts have been granted promotion on the post of Teacher (Panchayat) (Librarian) in accordance with Chhatttisgarh Teacher (Panchayat) Cadre (Recruitment Condition of Service) Rules 2012. Learned counsel for the petitioner would refer para-5 of the aforesaid judgment which reads as under: "5. In pursuance of the directions to seek instructions, the State counsel has stated that similarly situated persons have already given promotions on the post of Teacher Librarian but states that the said promotion was against the norms by keeping the State in dark but it appears from the material brought on record that many persons have been promoted from the post of Assistant Teacher (Panchayat) to Teacher (Panchayat) (Librarian). Hence the impugned order passed by the learned Single Judge is set aside. The State is at liberty to consider the case of the petitioners within a period of six weeks, particularly considering that the similarly situated persons have already been given promotions." 3 / 3 3. In view of the above, he would further submit that this petition may also be disposed of in the above-mentioned terms and suitable direction may be issued to the Authorities. 4. Learned counsel for the State would not oppose the limited prayer made by counsel for the petitioner. 5. Taking into consideration the aforesaid aspects, the issue involved in the present case has already been settled by the Division Bench of this Court in case of Sarvesh Kumar Sharma (supra), this Court deems it appropriate to direct the State/Authority to consider the case of the petitioner within a period of six weeks from the date of communication of this order, keeping in view the fact that similarly situated persons have already been granted promotions. Ordered accordingly. 6. With the aforesaid observation(s) and direction(s), this petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar