1 2025:CGHC:45621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3320 of 2023 1 - Surendra Kumar Agrawal S/o Shri Sukhnandan Lal Agrawal Aged About 43 Years Assistant Teacher (L. B.) Posted At Government Primary School Tulsi, Block Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar New Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar New Raipur, District : Raipur, Chhattisgarh 3 - Joint Director Public Instruction Education Division Raipur, District : Raipur, Chhattisgarh 4 - District Education Officer Simga, District : Raipur, Chhattisgarh --- Respondents RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. B.L. Dembra, Advocate For Respondent(s)/State : Mr. Devesh G. Kela, Panel Lawyer Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08/09/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 That, the Hon'ble Court may kindly be pleased to pass an appropriate writ of mandamus, order or direction, directing the respondent authorities to consider name of the petitioner for promotion as per seniority list prevailing as on 01.04.2023 as petitioner is fully eligible and fulfils all other criteria. 10.2 That, the Hon'ble Court may kindly be further pleased to direct the respondent authorities to give promotion of next higher post as per rules 2019 subject to verification of facts and necessary qualification acquired by the petitioner with all Monterey benefits. 10.3 This Hon'ble Court may further be pleased to grant any other relief which the Hon'ble Court deems fit and proper as per the nature of the case. An affidavit in support of this writ petition is filed herewith." 2. Brief facts of the case, is that, the petitioner was initially appointed on 14.07.2008 as Shiksha Karmi Class-III, and thereafter 3 hisservices were regularized. Subsequently, on 01.07.2018, all Shiksha Karmis were affiliated under the Education Department, and the petitioner has since been serving at his present place of posting as an Assistant Teacher. The petitioner successfully passed the B.A. examination in March-April 2022, and the relevant entry has already been made in his service book. Furthermore, in order to consider his case for promotion, details were called from the D.E.O., Raipur Division, vide letter dated 09.12.2022; however, without awaiting those details, respondent No. 3 is proceeding to consider candidates for promotion on the basis of the seniority list as on 01.04.2022, which is illegal, arbitrary, and contrary to law, thereby necessitating the filing of the present petition. 3. Learned counsel for the petitioner submits that the present matter pertains to the question of fixation of seniority in the gradation list. 4. It is the contention of the petitioner that, if the gradation list is properly reconsidered in accordance with the settled principles, he would be entitled to promotion. In this regard, the petitioner has already submitted a detailed representation before the competent authorities, which is still pending adjudication. Learned counsel further points out that the said representation was filed way back on 19.04.2023, but no decision has been taken till date. In these circumstances, it is prayed that this Hon'ble Court maybe pleased to issue appropriate directions to the authorities concerned to consider and decide the petitioner's representation within a reasonable time frame in accordance with law. 4 5. On the other hand, learned counsel for the State has no objection to the prayer made by the petitioner and submits that the same may be considered and decided in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the overall facts and circumstances of the case, and taking into account the limited nature of the relief sought by the petitioner, this Court deems it appropriate to grant liberty to the petitioner to pursue his pending representation before the competent authority, and, in turn, the concerned authorities are directed to consider and decide the said representation strictly in accordance with law and on its own merits, within a period of 45 days from the date of receipt of copy of this order. 8. With this observation and direction, the writ petition is disposed of. d/- Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat