1 2025:CGHC:3512 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 473 of 2025 1 - Smt. Ratna Yadav W/o Shri Pareshwar Kumar Yadav Aged About 38 Years Working As Teacher (L.B.), Govt. Middle School, Basin, Block - Fingeshwar, District Gariyaband Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - The Secretary Department Of Panchayat And Rural Development, Government Of Chhattisgarh, Department, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - The Commissioner Cum Director Panchayat, Ground Floor, Vikas Bhawan, North Block, Sector - 19, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 4 - The Chief Executive Officer Zila Panchayat, Gariyaband, District Gariyaband Chhattisgarh. 5 - The District Education Officer Gariyaband, District Gariyaband Chhattisgarh. 6 - The Block Education Officer Fingeshwar, District Gariyaband Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) Digitally signed by GOPAL SINGH Date: 2025.02.09 15:45:56 +0530 2 For Petitioner : Shri Harish Khuntiya, Advocate For State : Ms. Nupur Trivedi, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 20/01/2025 1. The grievance ventilated through this petition is on account of non- consideration of petitioner’s case for promotion on the next higher post of Lecturer (L.B.) with retrospective effect. 2. Learned counsel for the petitioner submits that the petitioner is in public employment with avenue of promotion provided under the government recruitment rules known as the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019. It is submitted that the petitioner has completed 16 years of service and fulfills the 5-year eligibility criteria and possesses requisite educational qualfication for the said promotion and many posts of Lecturer (L.B.) are lying vacant. The petitioner enjoyd a very high position in the seniority list and is therefore within the zone of consideration. However, till date, the respondents have not considered the case of the petitioner for promotion. 3. Learned counsel for the State submits that this grievance can be ventilated by the petitioner invoking the remedy of statutory representation to the competent authority as provided under Rule 18 (1) (b) of the Panchayat Service (Discipline and Appeal) Rules, 1999 (for short" the Rules of 1999"). A perusal of the aforesaid Rule clearly provides that a member of the Panchayat Service may make representation against an order which amongst others, denies promotion to a higher post or service to which is otherwise eligible according to recruitment rules and which is due to him in accordance to seniority. 3 4. This Court, in similar cases, has already disposed of the petition with a direction to consider representation in terms of statutory rules. 5. Accordingly, this petition is also disposed of with a direction that in case the petitioner prefers a representation, the same shall be considered and decided by the authority by a speaking order within a period of 6 months from the date of receipt of the representation of the petitioner. Sd/- (Amitendra Kishore Prasad) Judge Gopal Singh