1 2025:CGHC:18575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 636 of 2019 Kailash Singh Markam S/o Shri Than Singh Markam Aged About 36 Years Presently Posted As Assistant Teacher (P) At Government Primary School Puspal, Block Kondagaon District Kondagaon Chhattisgarh, R/o Village Mardapal Kondagaon, Tahsil And District Kondagaon Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Panchayat And Rural Development Department , Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh. 2 - Chief Executive Officer Zila Panchayat Kondagaon, District Kondagaon Chhattisgarh. 3 - Chief Executive Officer Janpad Panchayat Kondagaon, District Kondagaon Chhattisgarh. ... Respondents For Petitioner : Ms. Zainab Vanak, Advocate on behalf of Mr. Mateen Siddiqui, Advocate For Respondent No.1/State : Mr. Santosh Soni, Govt. Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 24/04/2025 1. With the consent of the parties, the matter is heard finally. 2. The challenge in this writ petition is to order dated 30.06.2018 (Annexure- P/1) passed by Deputy Secretary, Panchayat and Rural Development Department, Govt. of Chhattisgarh. 3. The facts of the case are that, the petitioner substantively was the employee of Panchayat Department governed by the rules framed under the BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.04.25 10:37:27 +0530 2 Panchayat Raj Adhiniyam. The petitioner was initially appointed in the year 2011 on the post of Assistant Teacher (Panchayat). At the time of filing of the writ petition, he completed more than 7 years of service. 4. According to the petitioner, he become eligible for promotion to the post of Teacher (Panchayat). At this juncture, the respondents have issued impugned order dated 30.06.2018, in which, it has been held that since the services of the petitioner and the similarly placed persons are likely to be merged/absorbed with the School Education Department on completion of 8 years of service, the Panchayat Department has ordered not to initiate any promotion process so far as the Assistant Teachers working in the Panchayat Department are concerned. That they would be considered for promotion after their services get merged/absorbed in the School Education Department. 5. Learned counsel for the petitioner submits that vide impugned order dated 30.06.2018, a situation has arisen where the petitioner neither would be considered for promotion nor would he be considered for grant of Kramonnati, which he was otherwise entitled for, if he is not promoted on his having the minimum requisite length of service. It is the further contention of the petitioner that for Assistant Teachers and Teachers in Panchayat Department, the benefit of Kramonnati is provided on their completion of 7 years of service subject to the petitioner meeting the requirement for promotion to the next higher post. In the instant case, since the promotions have been withheld, the petitioner may at least be granted the benefit of Kramonnati or else he would be put to substantial loss and he would also be losing substantially at the time of absorption of his service with the School Education Department. Learned counsel further submits that in a similarly situated Assistant Teachers (Panchayat), in various writ petitions, one of which is WPS No.665/2019, the Coordinate Bench has directed the respondents to grant Kramonnati to the petitioner, if otherwise entitled for 3 him. Therefore, learned counsel submits that in view of the aforesaid direction issued by this Court, this petition may also be disposed of. 6. The State has not filed its reply. However, learned counsel for the State submits that in pursuance of order passed by the Coordinate Bench in WPS No.665/2019, this petition may be disposed of. 7. Be that as it may, once when it is found that the petitioner fulfills all requisite eligibility criteria for promotion and there are also vacancies available in the Department, there is no reason why the petitioner should not be considered for promotion. If as a policy decision the State Govt. has taken a stand for differing the promotion process in the light of the absorption of the services of the petitioner and similarly situated Assistant Teacher (Panchayat) to the Education Department, this Court is of the firm view that for the intervening period, the petitioner should not be deprived of at least his claim for Kramonnati for which he is entitled for in accordance with the rules, regulations and procedures as contended by the petitioner. 8. In view of the same and in the light of the direction of the Coordinate Bench passed in WPS No.665/2019, the writ petition is disposed of with a direction to the respondents to consider the claim of the petitioner for grant of Kramonnati if he is otherwise entitled for the same, as the State has taken as a policy decision not to grant promotion to the petitioner as of now. The respondents would consider the case of the petitioner subject to his fulfilling the eligibility criteria required for grant of Kramonnati. Let this exercise be completed within a period of 4 months from the date of receipt of copy of this order. Sd/- (Naresh Kumar Chadnravanshi) Judge Bini