1 2025:CGHC:6518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4078 of 2018 1 - Ku. Swati Tiwari D/o Gopal Prasad Tiwari, Aged About 28 Years Presently Posted At Lecture (Panchayat) Govt. Higher Secondary, School Bhairamgarh, District Bijapur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - Chief Executive Officer, Bijapur, District Bijapur, Chhattisgarh. 3 - District Education Officer, Bijapur, District Bijapur, Chhattisgarh. 4 - Block Education Officer, Bhairamgarh, District Bijapur, Chhattisgarh. ---- Respondents For Petitioner : Shri Ram Narayan Sahu, Advocate. For State : Mr. Vinay Pandey, Dy. A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.02.2025 1. The petitioner has filed this petition seeking for the following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and direct the concern respondent i.e. respondent No.2 to grant the arrears of salary between the period of 20-07-2017 and 16-04-2018 by directing to show the seniority in the seniority list. Digitally signed by SMT NIRMALA RAO -2- 10.2 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 2. Learned counsel for the petitioner would submit that pursuant to the advertisement, the petitioner submitted her application for appointment to the post of Lecturer Panchayat, but her name was not considered. He would submit that the petitioner filed a writ petition before this Court i.e. WP(S) No.3203 of 2017, which was disposed of vide order dated 20.7.2017, granting liberty to the petitioner to make a representation, and the respondent authorities were directed to consider the same. He would also submit that the name of the petitioner was at Sr. No.2 in the merit list for the post of Lecturer Panchayat. The selected/ appointed candidate later resigned from service and thereafter, the petitioner was offered appointment on 16.4.2018. Therefore, the petitioner has claimed arrears of salary from 20.7.2017 i.e. the date of publication of select list, till the date of her appointment. 3. Learned counsel for the State would submit that after the resignation of the selected/ appointed candidate, the petitioner was offered appointment on 16.4.2018. He would submit that since the petitioner was at Sr. No.2 in the merit list, she could not be appointed. 4. I have heard learned counsel for the parties and perused the documents present on record. 5. Taking into consideration the fact that the petitioner was at Sr. No.2 in the merit list, the selected/ appointed candidate joined the service and later tendered her resignation, after which the 3 petitioner was offered appointment on 16.4.2018, this Court is of the opinion that the petitioner is not entitled to get arrears of salary for the period from 20.7.2017 to 16.4.2018. 6. Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Nimmi