1 2025:CGHC:4557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4500 of 2018 1. Dashmant Kumar Jaiswal S/o Late Shri Ramlal Jaiswal, Aged About 49 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Manikpur (Bilha), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2. Swarna Upadhyay. W/o Shri Ashok Kumar, Aged About 51 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Bahtarai (Bilha), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3. Ramdhan Patel, S/o Late Shri Fekuram Patel, Aged About 35 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Tisda, (Masturi), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4. Ashish Dayal, S/o Late Shri Albert Dayal, Aged About 42 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Parsada, (Ti), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 5. Alok Kumar Tripathi, S/o Shri Dayashanker Tripathi, Aged About 43 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. N. Primary School Awaspara, Mangla, (Pasid), District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 6. Brijesh Kumar Shrivastava S/o Late Shri F.L. Shrivastava, Aged About 49 Years Working As Assistant Teacher (Panchayat) And Posted At Janpad Primary School Mudipar, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 7. Smt. Rajlaxmi Yadav, W/o Shri Prakash Chandra Yadav, Aged About 35 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Ghutku, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. 8. Uttam Kumar Chandrakar, S/o Shri Pardeshi Ram Chandrakar, Working As Assistant Teacher (Panchayat) And Posted At Govt. 2 Primary School Vidyadih, Block Masturi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 2. Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 3. District Education Officer, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4. Chief Executive Officer, Zila Panchayat Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondent(s) WPS No. 4542 of 2018 1. Girwar Lal Nirmal S/o Baharu Ram Nirmal, Aged About 39 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Mundra, Block Gunderdehi, District Balod Chhattisgarh., District : Balod, Chhattisgarh 2. Pankaj Kumar Bhendia S/o Gajendra Kumar Bhendia, Aged About 35 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Limora, Block Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh 3. Bhagat Singh Wakre, S/o Kanwal Sai Wakre, Aged About 32 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Pipariya Mangora, Block Khadgawa, District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. District Education Officer, Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh 3 4. District Education Officer, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 5. Chief Executive Officer, Zila Panchayat Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 6. Chief Executive Officer, Zila Panchayat Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh --- Respondent(s) WPS No. 4535 of 2018 1. Dharam Lal Xalxo S/o Shri Gurwaro Gurwaru Xalxo Aged About 36 Years Working As Assistant Teacher ( Panchayat ) And Posted At Government Primary School Patrapara ( Veersingha ) District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 2. Damarudhar Paikra S/o Shri Ghasiram Paikra Aged About 32 Years Working As Assistant Teacher ( Panchayat ) An D Posted At Government Primary School Sidarpara ( Raikera ) Block Gharghoda District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 3. Rajesh Kumar Behra S/o Shri Bhikharilal Behra Aged About 43 Years Working As Assistant Teacher ( Panchayat ) And Posted At Government Primary School Jhariyapali, Block Lailunga , District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 4. Rewati Raman Patel S/o Shri Parmeshwar Prasad Patel Aged About 29 Years Working As Assistant Teacher ( Panchayat ) And Posted At Government Primary Shcool Gitkalo, Block Dharamjaigarh District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 5. Rita Sai D/o Late Shri Nand Kishor Sai Aged About 40 Years Working As Assistant Teacher ( Panchayat ) And Posted At Government Primary School Loeng , Block And District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh --- Petitioner(s) Versus 1. State Of Chhattisgarh Through Secretary , Department Of Panchayat And Rural Development Mahanadi Bhawan, Mantralaya New Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Secretary Department Of Education , Mahanadi Bhawan , Mantralaya New Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. District Education Officer, Raigarh District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 4 4. Chief Executive Officer, Zila Panchayat Raigarh District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh --- Respondent(s) For Petitioners : Mr. Ajay Shrivastava, Advocate. For Respondents No 1 to 3/State : Mr. S.P. Kale, Dy. Advocate General and Mr. Abhishek Singh, Panel Lawyer for the State. For respondent No.6 in WPS No. 4542 of 2018 Mr. Devesh Chandra Verma, Advocate. (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 24/01/2025 1. Since the common question of law and facts are involved in bunch of these writ petitions, they are heard analogously and are being disposed of by this common order. 2. The petitioners have filed the bunch of these writ petitions under Article 226 of the Constitution of India for quashing of the impugned order dated 12-1-2018 (Annexure P/1) whereby the condition for promotion from the post of Assistant Teacher (Panchayat) (Librarian) to the post of Teacher (Panchayat) (Librarian) has been provided by which Assistant Teachers Librarian who have requisite qualification and have completed 7 years service will be promoted on the post of Assistant Teacher (Panchayat) (Librarian) as per the Chhattisgarh Shikshak (Panchayat) Cadre (Recruitment and Service Condition) Rules, 2012 (in short “Rules of 2012”). 3. The brief facts as reflected from the record are that initially the petitioners who were having qualification for appointment on the post of Assistant Teacher (Panchayat) (Librarian) Grade-III have been 5 appointed on the post of Shikshakarmi Grade-III vide order dated 13.10.2008 on the pay scale of Rs. 3800-100-5800/-. The petitioners are claiming their promotion as per Rules of 2012 after completion of seven years service on the post of Teacher (Panchayat) (Librarian). The same has not been considered by the respondent hence these petitions. The petitioners have prayed for following reliefs: “(I) that this Hon’ble Court may kindly be pleased to quash Annexure P/1 in respect of the petitioners, in the interest of justice. (ii) that this Hon’ble Court may kindly be pleased to grant promotion either on completion of seven years of service or from the date in which other district have granted the promotion to the other Assistant Teacher (Panchayat) along with arrears and interest of 18%, in the interest of justice. (iii) that this Hon’ble Court may kindly be pleased to direct the respondent authorities to grant heavy compensation for wrongly depriving the petitioners from promotion, in the interest of justice” 4. The learned counsel for the petitioners would submit that the action of the respondent is unconstitutional, discriminatory and not sustainable in the eye of law. He would further submit that the statutory service rules cannot be altered or modified by executive instructions and executive instruction cannot be issued contrary to the statutory service rules. He would further submit that in other Districts Assistant Teachers (Panchayat) have been promoted on the post of Teacher (Panchayat) (Librarian), as such they are also entitled to be promoted on the post of Teacher (Panchayat) (Librarian). 5. Learned counsel for the petitioners would submit that the petitioners are working as Assistant Teacher (Panchayat) having requisite qualification of Bachelor decree in Library Science. Therefore, they were found eligible for promotion on the post of Teacher (Panchayat) 6 (Librarian). He would further submit that as per Rules of 2012, any Assistant Teacher (Panchayat) who is having 7 years experience and having degree in library science or graduate and one year diploma in library (science) is eligible for Promotion on the post of Teacher (Panchayat), but the order dated 12.01.2018 has been issued in contravention of statutory Rules of 2012 wherein it has been mentioned that only Assistant Teacher (Panchayat) (Librarian) will be considered for the post of Teacher (Panchayat), whereas in the rules, any Assistant Teacher (Panchayat) can be considered for teacher (Panchayat) (Librarian). Since the respondents have not considered their case for promotion, the petitioners have approached this Court by filing these writ petitions and prayed for quashing of the impugned order. 6. On the other hand, Mr. Devesh Chandra Verma, learned counsel for respondent No. 7 Zila Panchayat in WPS No. 4542 of 2018 would submit that since the petitioners were not appointed on the post of Assistant Teacher (Librarian) (Science), therefore, they cannot claim promotion on the post of Assistant Teacher (Panchayat) Librarian Science as they were not taken birth in the cadre and unless and until they were taken birth in the specific cadre, then only their case can be considered for promotion, as such he would pray for dismissal of the writ petitions. 7. Learned State counsel has also taken the same stand taken by learned counsel for respondent No. 6 Zila Panchayat. 8. I have heard learned counsel for the parties and perused the record. 9. It is not in dispute that initially the petitioners were appointed on the post of Assistant Teacher (Panchayat) in the year 2008 and after they 7 never applied for appointment on the post of Assistant Teacher (Librarian) Science and have not been appointed on the post of Assistant Teacher (Librarian) whereas the Rules prescribed that the Assistant Teacher (Panchayat) (Librarian) will be promoted to the post of Teacher (Panchayat) (Librarian) after completion of seven years of service. The petitioners have nowhere contended that they have worked as Assistant Teacher (Librarian) for seven years, as such also they are not eligible for promotion on the post of Assistant Teacher (Librarian). Thus, the writ petitions deserve to be dismissed. 10. The further submission of the learned counsel for the petitioners that the impugned circular is in contravention of the statutory rules or replacing the existing rules is misconceived and deserves to be rejected as the circular dated 12.01.2018 is only clarificatory to the statutory rules. Thus, the submissions made by the learned counsel for the petitioners in this regard deserves to be rejected. Accordingly, the writ petitions are dismissed. 11. This Court has taken note of the fact that all the teaching departments of Panchayat have now been merged with the School Education Department and accordingly, services of the petitioners, have also been merged with the School Education Department, therefore, it is clarified that if the respondents have initiated any procedure for promotion on the post of Assistant Teacher to the post of Teacher and since the petitioners are having requisite qualification, their case shall also be considered by the respondents for promotion on the post of Teacher (local body) as per Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 in School Education Department, for which the 8 petitioners shall make the representations to the School Education Department, who in turn shall consider the case of the petitioners and if the other assisting teachers who are juniors to the petitioners have been promoted on the post of Teacher (Local body), then the case of the petitioners shall also be considered within 8 weeks from the date of passing of this order for promotion on the post of Teacher (Local Body). 12. 12. With the aforesaid observation and direction, the bunch of the writ petitions are disposed of. Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.02.05 10:59:42 +0530