Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12528
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5734 of 2024 1 - Annapurna Rathore W/o Hemant Kumar Rathore Aged About 40 Years At Present Posted And Working As Assistant Teacher (L.B.) And Posted At Government Primary School Khaira, Block Mastruri, District - Bilaspur (C.G.)
... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Ministry Of School Education, Mantralaya,mahanadi Bhawan , Atal Nagar, Nawa Raipur, Dsitrict
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Raipur
(C.G.) 2 - Director Public Instruction, Indrawati Bhawan Atal Nagar, Nawa Raipur,
District
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Raipur
(C.G.) 3 - Joint Director Education Department, Bilaspur Division, District - Bilaspur
(C.G.) 4 - District Education Officer District Bilaspur, District - Bilaspur (C.G.) 5 - Block Education Officer Block Masturi, District - Bilaspur (C.G.)
... Respondent(s) Petitioner in person : Ms. Annapurna Rathore. For Respondents/State : Ms. Nupoor Trivedi, Panel Lawyer. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.18 10:35:44 +0530
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Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 17/03/2025
1. By the present writ petition, the petitioner is seeking a following relief:-
“10.1. this Hon’ble Court may kindly be pleased to direct the respondent authorities to quash/set-aside the impugned order dated 04/09/2024 (Annexure P-1). 10.2 this Hon’ble Court may kindly be pleased to direct the respondent authorities to give back petitioner’s seniority and seniority has been count from 01/07/2018. 10.3 this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit and appropriate.”
2. The petitioner appears in person and submits that initially she was appointed on the post of Shiksha Karmi Grade-III on 13/07/2006. Subsequently, her services were merged in the Education Department. According to her, in the seniority list earlier her name was at Sr. No.832, however, all of sudden, the respondent authorities issued the impugned gradation list wherein, her name is shown at Sr. No.2624. The said action of authorities is illegal, arbitrary and contrary to well settled
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Learned counsel for the State/respondents, per contra, submits that on the own request of the petitioner, her services were transferred from District:Janjgir Champa to District: Bilaspur vide order dated 30/10/2012 and in compliance of the said order, she joined at new place of posting on 29/11/2012. She would submit that the State Government has issued the guidelines dated 25/06/2013 and the policy dated 17/06/2014 wherein it has been categorically mentioned that the persons who have been transferred on their own request, their seniority would be placed at the bottom of the list of employees of the district/block. She would also submits that in fact, the seniority list Annexure P-1 is not only for Assistant Teacher(Panchayat), and it is combined seniority list of Assistant Teacher/Assistant Teacher(Science)(Lab)(LB) and hence, in the combined seniority list, her name is shown at Sr. No.2624, there is no illegality or infirmity in fixation of the seniority of the petitioner.
4. I have heard learned counsel for the parties, perused the pleadings and document.
5. From perusal of Annexure P-5 dated 25/06/2013 and the guidelines/police dated 17/06/2014 Annexure P-6, it is quite vivid that the seniority of the persons who joined on the new place of posing on their own request, their seniority would be fixed at the bottom of the employees of the concerned district
4 and accordingly, the authorities have rightly fixed the seniority of the petitioner. The petitioner has failed to prove her case by placing cogent and sufficient reason.
6. Accordingly, the present writ petition fails and is hereby dismissed. SD/-
(Bibhu Datta Guru)
Judge Gowri/ Amardeep