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2025 DAILYLAW 36601 (CHH)

SHIV KUMAR v. STATE OF CHHATTISGARH

WPS/8590/2025 · 2025-08-18

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:41934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8590 of 2025 1 - Shiv Kumar S/o Late Shri Kamal Sai Aged About 61 Years R/o Ward No. 27, Ring Road, Near Bouriband, Mayapur, Ambikapur, Distt.- Sarguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Department Of School Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Director Directorate of Public Instruction, Department of School Education, Indrawati Bhawan, Block- C, 1st Floor, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - District Education Officer Surajpur, Distt.- Surajpur (C.G.) 4 - Block Development Education Officer Development Block- Bhaiyathan, Distt- Surajpur (C.G.) 5 - Sanjay Gode Head Master Government Middle School Mayurdhakki District Surajpur (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Ms. Ruchi Nagar, Advocate For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 19-08-2025 1. The petitioner has filed the present writ petition claiming the following Digitally signed by MOHAMMAD AADIL KHAN 2 relief(s):- “(10.1) The Hon’ble Court may kindly please to direct the respondent authority to rectify the entities of seniority list published on 29.10.2024 in serial no. 554 in respect to petitioner, and to rectify promotion date on the post of Upper Division Teacher as 05.09.2005 in place of 10.09.2005; (10.2) The Hon’ble Court may kindly be pleased to quash/set-aside the impugned promotion order dated 30-04-2025 (P/2) inrestpect of promotion of respondent no.5, and keep the name of the petitioner over & above of the respondent no.5 at serial no. 1305 & 1307; (10.3) The Hon’ble Court may kindly be pleased to direct the respondent authority to consider the candidature of petitioner for promotion on the post of Principal, effect from 30.04.2025; (10.4) To kindly grant any other writ(s), order(s), relief(s) in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner would restrict her submission to the extent that the petitioner may be directed to move a fresh representation to respondents No.1 and 2 for correction of entries made in column No.14 and 15 which is with respect to the promotion order and date of joining of the petitioner on the post of Upper Division Teacher which is mentioned as 10- 09-2005 and 06-11-2009 respectively, whereas, the correct entry would be 05-09-2005 in both these columns. She would further submit that though the petitioner has already made his representation on 15-05-2025, however, the petitioner is willing to move a fresh representation to respondents No.1 and 2 and if such a representation is moved by the petitioner, the authorities may be directed to decide the representation within a stipulated time frame in view 3 of the applicable rules and circulars. 3. On the other hand, learned counsel for the State would submit that they have no objection if direction is given to the petitioner as well as the respondents No.1 and 2 with respect to the relevant correction in column No.14 and 15 of the gradation list. 4. Considering the limited submissions made by learned counsel for the parties, this petition is disposed of directing the petitioner to move a fresh representation before respondents No.1 and 2 within two weeks from today along with copy of this order and in the eventuality of making representation by the petitioner within the stipulated time, respondents No.1 and 2 are directed to take a decision on the representation of the petitioner within a further period of eight weeks from the date of receipt of copy of representation in accordance with law and as per applicable rules and circulars governing the filed. 5. With the aforesaid observation the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil