1 2025:CGHC:8242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5845 of 2022 1 - Dubraj Ram Yadav S/o Shri Duryodhan Yadav Aged About 54 Years Presently Posted As Lecturer, Govt. Higher Secondary School, Sonkyari, Block Manora, District Jashpur Chhattisgarh. 2 - Ravindra Nath Sai S/o Late Kripa Sai Aged About 54 Years Presently Posted As Lecturer, Govt. Higher Secondary School, Lawakera, Block Farasbahar, District Jashpur Chhattisgarh. 3 - Mohd. Akbal Ahmed Khan S/o Late Ainul Hasan Khan Aged About 54 Years Presently Posted As Lecturer, Sarafkambo, Block Bagicha, District Jashpur Chhattisgarh. 4 - Matilal Singh S/o Shri Balbudhi Singh Aged About 55 Years Presently Posted As Lecturer, Govt. Higher Secondary School, Sendri Munda, Block Kunkuri, District Jashpur Chhattisgarh. 5 - Bandhu Sai Painkra S/o Shri Budhan Sai Aged About 54 Years Presently Posted As Lecturer, Govt. Higher Secondary School, Pandripani, Block Pharsa, District Jashpur Chhattisgarh. 6 - Chunendra Kumar Dhuriya S/o Shri Brajaraj Dhuriya Aged About 52 Years Presently Posted As Lecturer, Govt. Higher Secondary School, Gidha, Block Manora, District Jashpur Chhattisgarh. 7 - Subhash Chandra Verma S/o Shri G.L. Verma Aged About 52 Years Presently Posted As Lecturer, Govt. Higher School, Sitonga, Block Jashpur, District Jashpur Chhattisgarh. 8 - Manak Sai Paikra S/o Late Shri Jodhe Singh Aged About 53 Years RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.03.19 10:50:27 +0530 2 Presently Posted As Lecturer, Govt. Girls Higher Secondary School, Pandri, Block Farasbahar, District Jashpur Chhattisgarh. 9 - Budhnath Sai Painkra S/o Shri Shobhan Sai Painkra Aged About 51 Years Presently Posted As Lecturer, Govt. Girls Higher Secondary School, Pandripani, Block Farsabahar, District Jashpur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh. 2 - Directorate Of Public Education, Through Director, First Floor, Block C, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Commissioner, Department Of Sc/st Development, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh. 4 - District Education Officer, Jashpur, District - Jashpur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. J.K. Gupta, Advocate For State/Respondent/s : Mr. Akhilesh Kumar, GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 17/02/2025 1. Heard Mr. J.K. Gupta, learned counsel for the petitioners as well as Mr. Akhilesh Kumar, learned GA for the State/respondent/s. 2. By this petition, the petitioner has prayed for following relief/s: 3 “10.1 That this Hon'ble Court may kindly be pleased to call for the entire records of the case of the petitioner for its kind perusal. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash the gradation list issued on dated 11.04.2022 (Annexure P/1) passed by respondent No. 2. 10.3 That this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction and direct the Respondent No. 2 to consider and decide the pending representations of the petitioner pertaining to rectification in the gradation list within a specified time frame. 10.4 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction by directing the respondent authority to grant seniority and proforma promotion to the petitioners w.e.f. 02.12.2014 thereby revising the seniority list in respect to the petitioners. 10.5 Any other relief/reliefs, which this Hon'ble Court may deem fit and proper may also be granted to the petitioner.” 3. Learned Counsel for the petitioner submits that the petitioners are working as Lecturer (T-cader) under the respondent authorities in Government Schools as mentioned in the cause titles. The petitioners were promoted to the post of lecturer from the post of Pradhan Pathak (Primary School)/Upper Division Teacher (Postgraduate) vide order dated 02.12.2014. The petitioners were joined as a Lecturer in their respective places after the order passed on 02.12.2014 and also it was mentioned in Service Book of some of the petitioners as they were promoted as Lecturers. The respondent authority orally informed that the order of promotion dated 02.12.2014 had been canceled, the respondent No.2 again issued promotion order on 14.03.2017 for all the 4 petitioners for the post of Lecturer from the post of Pradhan Pathak (Primary School)/Upper Division Teacher (Postgraduate). The respondent No.2 publish the Gradation List dated 09.04.2021 issued by respondent No. 2 showing the status of 01.04.2020 has been provided in which the Column no. 16 is for the date of promotion upon the post of Lecturer is mentioned as dated 14.03.2017 whereas in Column No. 17 is for the date of seniority on the post of Lecturer is mentioned as dated 02.12.2014. Subsequent to this order dated 11.04.2022, the petitioners had preferred representations dated 08.03.2022, 10.03.2022, 11.03.2022 & 02.05.2022 to the respondents authority for correction in the gradation list but till date the representations were unheard nor replied. (ANNEXURE P/6). The respondents have so far not initiated any steps to rectify/amend the gradation list issued on 11.04.2022 showing the status as on dated 01.04.2022 and a perusal of the gradation list would substantiate the same. Despite the settled Rules and law pertaining to grant of seniority and proforma promotion, the petitioners were not granted the seniority and proforma promotion from 02.12.2014 i.e. the date on which the juniors to the petitioners have superseded the petitioners both in matter of promotion and seniority. The respondent authority acting in an arbitrary and discriminatory manner has not accorded the seniority and proforma promotion to the petitioners w.e.f. 02.12.2014 on the post of Lecturer and some of the candidates who are much junior to the petitioners and have 5 superseded the petitioners in matters of promotion & seniority. Firstly the petitioners were promoted to the post of Lecturer in the year 2014 and thereafter again on the same post they were promoted on 14.03.2017. The petitioners were promoted to the post of Lecturer in the year 2014 but the seniority and proforma of the petitioner has not been fixed on the post of Lecturer w.e.f. 02.12.2014.The petitioners made several representations before the respondent authorities for correction of the gradation list dated 11.04.2022 for determining their seniority from 02.12.2014. Being aggrieved by the inaction and inordinate delay by the Respondent No. 2 & 3, the petitioner have filed this petition and prayed for quashment of the gradation list issued on dated 11.04.2022 (Annexure P/1) passed by respondent No. 2 and direction be issued to the respondent authority to grant seniority and proforma promotion to the petitioners w.e.f. 02.12.2014. 4. On the other hand, learned State Counsel has opposed the argument advanced by learned counsel for the petitioner. 5. Considering facts of the case, submissions of learned counsel for the respective parties, the writ petition is disposed of at this stage giving liberty to the petitioner to file a fresh representation before respondent No.2 along with all relevant documents in this regard whereby similar benefits were given to other persons. On making such representation, respondent No.2 shall consider and decide 6 the same, in accordance with law within a period of ‘90 days’ from the date of receipt of copy of such representation. 6. However, it is made clear that this Court has not expressed any opinion so far as the entitlement of petitioner is concerned. The respondents-authorities shall be free to take a decision purely in accordance with the rules governing the field. 7. With the aforesaid observation(s) and direction(s), the instant petition is hereby disposed of. No order as to cost. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi