Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27978
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4795 of 2018 Jagmohan Patle S/o Late Sadhram Patle Aged About 59 Years Upper Division Teacher, Government Middle School Kusmunda Project Vikas Nagar Tahsil Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh
... Petitioner(s) versus
1. State Of Chhattisgarh Through The Secretary School Education Department, Mahanandi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Director Public Instruction, Mantralaya, Mahanandi Bhawan, New Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. District Education Officer Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh
4. Block Education Officer Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh
5. Kirtan Lal Bhardwaj Government Middle School Lemru District Korba Chhattisgarh Through District Education Officer, Korba Chhattisgarh, District : Korba, Chhattisgarh
... Respondent(s)
2 For Petitioner : Mr. Shashi Kumar Kushwaha, Adv. For State : Mr. Pramod Ramteke, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board 26/06/2025
1. By way of this petition, petitioner has sought following relief(s):-
10.1. That the Hon'ble Court may kindly be pleased to allow the petion by irecting the respondent no. 1 to 4 to restore the seniority of petitioner over respondent no. 5 by granting the same rellef as was granted vide Annexure P/2 and P/4 either by setting aside the both or from the same date, so that the seniority of petitioner is protected because no seniority can be disturbed without giving opportunity to be heard to the person aggrieved i.e. petitioner in this case with all service and monetary benefit.
10.2. Costs of the petition be awarded and 10.3 Any other relief or direction which the Hon'ble Court may deems fit, be also awarded.
2. In this petition, petitioner has claimed promotion to the post of Head Master (Middle School) and seniority above respondent No. 5, inter-alia on the ground that he was senior to the respondent No. 5 but his claim was not considered for promotion. Earlier, WPS No. 537 of 2018 was filed by the petitioner which was
disposed vide order dated 15.01.2018 reserving liberty in favor of petitioner to prefer representation before DEO, Korba, who in turn was directed to decide the same within period of 60 days. The representation so moved by the petitioner pursuant to order dated
3 15.01.2018 was rejected the authority concerned vide detailed
order dated 09.03.2018.
3. Learned counsel for the petitioner submits that name of the petitioner was not considered for promotion to the post of Head Master (Middle School) though he was senior to respondent No.
5. He further submits that respondent No. 3 has rejected the representation moved pursuant to order dated 15.01.2018 in cryptic manner.
4. On the other hand, learned State counsel opposes.
5. Heard.
6. Evidently, in WPS No. 537 of 2018, liberty was granted in favor of petitioner to prefer representation before DEO, Korba, pursuant to which he moved a representation and same was rejected vide detailed order dated 09.03.2018. It is pertinent to mention that in the relief clause, petitioner has not challenged the order dated 09.03.2018 whereby his representation was rejected by respondent No. 3. Also, the claim of petitioner has already been decided by the authority concerned and the said order has not been challenged by the petitioner in this petition.
7. Taking into consideration the above-discussed facts, this petition fails and is hereby dismissed.
Sd/-
(Rakesh Mohan Pandey)
JUDGE Ajinkya
Digitally signed by AJINKYA PANSARE Date: 2025.06.26 14:07:55 +0530