1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2263 of 2021 1 - Omkar Prasad Verma S/o Late Shri Beni Ram Verma, Aged About 51 Years Posted As Head Master, Govt. Primary School Mungesar, Block Arang, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Shiv Kumar Verma S/o Shri Jageshwar Prasad Verma, Aged About 50 Years Posted As Head Master, Govt. Primary School, Bartori, Block Tilda, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Dinesh Kumar Verma, S/o Shri Nand Ram Verma, Aged About 43 Years Posted As Head Master, Govt. Naveen Primary School, Dhaneli, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Smt. Shail Patel W/o Shri Bhuwan Lal Patel, Aged About 47 Years Posted As Head Master, Govt. Boys Primary School, Naradaha, Block Arang, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - Smt. Karuna Verma W/o Shri Jaisingh Verma, Aged About 50 Years Posted As Head Master, Govt. Primary School, Bahanakadi, Block Arang, Tehsil And District Raipur Chhattisgarh., District : Raipur, VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Chhattisgarh 6 - Smt. Seema Yeole W/o Anil Yeole, Aged About 47 Years Posted As Head Master, Govt. Primary School, Sarkhi, Block Abhanpur, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 7 - Smt. Dhaneshwari Verma, W/o Shri Suresh Kumar Verma, Aged About 41 Years Posted As Head Master, Govt. Primary School, Bhatgaon, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 8 - Smt. Heera Verma W/o Shri Bhola Prasad Verma, Aged About 44 Years Posted As Head Master, Govt. Naveen Primary School, Neora, Block Tilda, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 9 - Smt. Shalini Shukla W/o Shri Awadhesh Shukla Aged About 45 Years Posted As Head Master, Govt. Primary School, Urdu Handi Para Nayapara, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 10 - Smt. Sapna Dewangan W/o Shri Madhaw Singh Dewangan, Aged About 43 Years Posted As Head Master, Govt. Primary School, Guru Ghasidas Nagar Raipur, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 11 - Smt. Lily Kujur W/o Shri Tarcitius Kujur, Aged About 53 Years Posted As Head Master, Govt. Primary School, Akoldih Khapri, Block Arang, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 12 - Pravit Kumar Tandon S/o Shri Babu Lal Tandon, Aged About 48 Years Posted As Head Master, Govt. Primary School, Chhatoud, Block 3 Tilda, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 13 - Madhusudan Tandon, S/o Late Shri Latel Das Tandon, Aged About 47 Years Posted As Head Master, Govt. Primary School, Gourkheda, Block Tilda, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 14 - Smt. Manisha Sahu W/o Shri Manoj Kumar Sahu, Aged About 49 Years Posted As Head Master, Govt. Primary School, Dunda, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 15 - Smt. Vimla Sajiwan W/o Shri Manoj Kumar Sajiwan, Aged About 48 Years Posted As Head Master, Govt. Primary School, Thakurdev Para Uparwara, Block Abhanpur, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 16 - Smt. Manisha Gauraha W/o Shri Ashish Gauraha, Aged About 46 Years Posted As Head Master, Govt. Primary School, Dharampura, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 17 - Smt. Meera Shriwas W/o Shri Rajesh Shriwas, Aged About 47 Years Posted As Head Master, Govt. Primary School, Kantathih, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 18 - Deenanath Sahu S/o Shri Lakhan Lal Sahu, Aged About 45 Years Posted As Head Master, Govt. Primary School, Doma, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 19 - Smt. Sarita Sahu, W/o Shri Deenanath Sahu, Aged About 41 Years 4 Posted As Head Master, Govt. Primary School, Sejbahar, Block Dharsiwa, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 20 - Manoj Kumar Sahu, S/o Shri Dev Lal Sahu, Aged About 47 Years Posted As Head Master, Govt. Primary School, Julum, Block Abhanpur, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 21 - Suresh Kumar Verma, S/o Shri Mant Ram Verma, Aged About 49 Years Posted As Head Master, Govt. Naveen Primary School, Sarkhi, Block Abhanpur, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 22 - Omprakash Sahu, S/o Shri Nathu Ram Sahu, Aged About 48 Years Posted As Head Master, Govt. Primary School, Paragaon, Block Arang, Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioners versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhavan, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director, Public Education, Indravati Bhavan, Atal Nagar, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - District Education Officer, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh --- Respondents WPS No. 2354 of 2021 1 - Sushil Kumar Bhatpahari S/o Shri Sukal Das Bhatpahari Aged About 47 Years Working As Head Master And First Posted At Govt. Primary 5 School,dhamanpura, Block- Kasdol, Distrcit- Balodabazar- Bhatapara. At Present- Govt.- Primary School ,khadanpara, Bahnakadi, Block- Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Gaukaran Kumar Gilhare S/o Shri Shobha Ram Gilhare Aged About 42 Years Working As Head Master And First Posted At Govt. Primary School Lakhurideeh, Block- Bilaigarh, District- Balodabazar- Bhatapara. At Present- Govt. Primary School Badhaipara, Navapara, Block- Aarang, District- Raipur,chhattisgarh., District : Raipur, Chhattisgarh 3 - Navin Kumar Jha S/o Shri Nabo Narayan Jha Aged About 48 Years Working As Head Master And First Posted At Govt. Primary School Chandan, Block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary School, Murra, Block- Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Khilendra Kumar Sahu S/o Shri Sakharam Sahu Aged About 42 Years Working As Head Master And First Posted At Govt. Primary School, Devri- Khurd,block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary School Sonpairi, Block- Abhanpur, And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 5 - Sandeep Dhar Diwan S/o Shri Shyam Dhar Diwan Aged About 45 Years Working As Head Master And First Posted At Govt. Primary School Ganjadeeh, Block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary School Dhansuli, Block- Arang, And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 6 - Punit Kumar Sonwani S/o Shri Hriday Ram Sonwani Aged About 45 Years Working As Head Master And First Posted At Govt.Primary School, Semariya, Block- Palari, District- Balodabazar- Bhatapara. At Present- Govt. Primary School,udyog Nagari, Birgaon, Block- Dharsiwa And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 6 7 - Uttam Kumar Pandey S/o Shri Basant Pandey Aged About 51 Years Working As Head Master And First Posted At Govt. Primary School, Bhandora,block- Bilaigarh, District- Balodabazar- Bhatapara. At Present- Govt. Primary School Mathpuraina,block- Dharsiwa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 8 - Lochan Prasad Sahu S/o Shri Puranik Sahu Aged About 48 Years Working As Head Master And First Posted At Govt. Primary School Nawrangpur,block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary School Lodhipara, Block- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 9 - Phatte Lal Sahu S/o Shri Jhadu Ram Sahu Aged About 48 Years Working As Head Master And First Posted At Govt. Primary School Kukrikona, Block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Navin Primary School, Anupam Nagar, Block- Dharsiwa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 10 - Smt. Anusuiya Sahu W/o Shri Yuvraj Sahu Aged About 46 Years Working As Head Master And First Posted At Govt. Primary School Talajhar, Block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary Avantibai School, Block- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 11 - Laxman Kumar Lahari S/o Shri Dindayal Lahari Aged About 45 Years Working As Head Master And First Posted At Govt. Primary School Beltikri, Block- Bilaigarh, District- Balodabazar- Bhatapara. At Present- Govt. Primary School, Kalai, Block- Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 12 - Vijay Kumar Kurre S/o Shri Shiv Prasad Kurre Aged About 44 Years Working As Head Master And First Posted At Govt. Primary 7 School Sarasdol, Block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary School, Nakta(Gandhi Gram), Block- Arang,district- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 13 - Chhaman Lal Toder S/o Shri Amar Lal Toder Aged About 49 Years Working As Head Master And First Posted At Govt. Primary School Boda, Block- Palari, District- Balodabazar- Bhatapara. At Present- Govt. Primary School, Temari, Block- Dharsiwa,district- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 14 - Khemraj Dhruw S/o Shri Narayan Prasad Dhruw Aged About 54 Years Working As Head Master And First Posted At Govt. Primary School Purani Basti, Pikri, Block- Kasdol, District- Balodabazar- Bhatapara. At Present- Govt. Primary School Tokaro, Block- Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Director Directorate, Public Instruction Indravati Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Deputy Director Directorate, Punlic Instruction, Raipur Division, Integrated Educational Premises, First Floor, Pension Bada, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - District Education Officer Raipur, District- Raipur,chhattisgarh., District : Raipur, Chhattisgarh 8 5 - Block Education Officer Block- Abhanpur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 6 - Block Education Officer Block- Arang, District- Raipur,chhattisgarh., District : Raipur, Chhattisgarh 7 - Block Education Officer Block- Dharsiwa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh --- Respondents WPS No. 356 of 2022 1 - Topsingh Patel S/o Savitram Patel Aged About 51 Years Working As Upper Division Teacher, And Posted At Govt. Girls Middle School Basan, Block Basan, District Mahasamund Chhattisgarh. 2 - Manoj Kumar Rana S/o Shri Chhattar Ram Aged About 50 Years Working As Upper Divsion Teacher, And Posted At Govt. Middle School Sohagpur, Block Pithora, District Mahasamund Chhattisgarh. 3 - Jagannath Prasad Rana S/o Shri Ratan Singh Aged About 47 Years Working As Upper Division Teacher, And Posted At Govt. Middle School Lohandipar, Block Basna, Block Basna, District Mahasamund Chhattisgarh. 4 - Vikram Singh Verma S/o Shri Ram Singh Verma Aged About 52 Years Working As Upper Dvision Teacher, And Posted At Govt. Middle School Amalidih, Block Pithora, District Mahasamund Chhattisgarh. ---Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan Mantralaya Atal Nagar, New Raipur District Raipur Chhattisgarh. 9 2 - Director, Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh. 3 - Joint Director, Education Division Raipur, District Raipur Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Anup Majumdar, Mr. R.S. Patel & Mr. Vinod Kumar Sharma, Advocate For State For Intervenor : : Mr. Ajit Singh, Govt. Advocate Mr. Alok Bakshi, Advocate & Mr. Raj Shenghale, Advocate on behalf of Mr. N.Naha Roy, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 12.02.2025 1. Heard Mr. Anup Majumdar, Mr. R.S. Patel & Mr. Vinod Kumar Sharma, Counsel for the petitioners, Mr. Ajit Singh, Govt. Advocate as well as Mr. Alok Bakshi & Mr. Raj Shenghale, Advocate on behalf of Mr. N. Naha Roy, Counsel for the intervenor(s). 2. Since the common issue is involved in all the writ petitions, as such, they are clubbed together, heard together and disposed of by this common order. 3. By way of these petitions, the petitioners are challenging the 10 gradation list dated 16.03.2021 wherein the petitioners have been placed below their juniors in the Cadre of Head Master, Primary School due to which they have been ousted from the zone of consideration for promotion to the post of Head Master, Pre Middle School. The reliefs prayed for by the petitioners in all the writ petitions are same and one with certain variations, however, in order to adjudicate these petitions, WPS No.2263/2021 (Omkar Prasad Verma & Ors. vs. State of Chhattisgarh & Ors.) has been taken as master petition for deciding the issues involved in these cases. The reliefs sought in the said petition are quoted hereinbelow:- “10.1 That, the respondent authorities may be directed to redraw the seniority list of the Teachers (E) and Headmaster Primary school jointly after seeking objections from the concerned stakeholders and thereafter proceed for the promotion to the post of Headmaster, Middle School. 10.2. That, the respondents may be further directed to grant seniority to the petitioners on the post of Head Master, Primary School with effect from 10.12.2010 i.e. from the date of joining on the post of Head Master, Primary School with all consequential benefits. 10.3. The respondents be directed to amend the gradation list of Upper Division Teacher and Head Master Primary school and grant appropriate seniority to the petitioners as per their appointment order dated 10.12.2010. 10.4. Any other relief, which this Hon'ble Court 11 may deemed just and fit in facts and circumstances of the case.” 4. The facts of the case is that the petitioners were first appointed on 10.12.2010 as Head Master, Primary School by direct recruitment and since then the petitioners are working on the said post. That, the petitioners sought transfer on their own request to District Raipur from their initial District of appointment i.e. Balodabazar-Bhatapara, due to difficulties to family and health reasons. After their transfer, all the petitioners were posted at their respective posts. Both the Districts i.e. Raipur and Balodabazar come under the same Division i.e. Raipur and hence, the petitioners come under the same Directorate of Public Instructions (DPI) Division which handles all their matters of Promotion, seniority etc. for the whole Division. On 15.10.2018, the Directorate of Public Instructions issued guidelines for determination of seniority wherein it was clearly laid down that the initial date of appointment was to be considered for the purpose of seniority and not on the joining date. The name of the petitioners was mentioned in the first intra-division seniority list as on 01.04.2020 wherein the initial date of appointment was considered for seniority and their names were among the top in the seniority list. Subsequent to the publication of the first interim seniority list, the respondent authorities began preparing another seniority list wherein the seniority would be counted from the date assumption on transferred post to disqualify them from the benefit 12 of promotion. Therefore, on 12.03.2021, the petitioners made a representation through their union to the Minister of Urban Administration Development and Labor Department of Government of Chhattisgarh who then forwarded it to the DPI (respondent No. 2) for necessary action. Thereafter, the Respondent No. 3 mala fidely issued a modified intra-division seniority list on 16.03.2021 and invited objections wherein the seniority of petitioners was not considered from their initial date of appointment but it was wrongly counted from their date of transfer to the current place of working. Consequently, their names went down to the bottom of the list. Thereafter, on 17.03.2021, the respondent no. 3 expressed his intention to disqualify the petitioners for consideration in DPC which is arbitrary and cannot be allowed to continue. Hence these writ petitions. 5. Learned counsel for the petitioners submit that the gradation list prepared is not in accordance with law and it has been prepared only to give advantage to some of the persons while giving disadvantage to the petitioners concerned. They are contrary to the rules and are violative of Articles 14 & 16 of the Constitution of India. Time and again, the Apex Court has held that Government in a welfare State like India is supposed to act as a model employer, which is consistent with their role in a welfare State and it is an accepted legal position that the right of eligible employees is required to be considered for promotion is virtually a part of their fundamental right guaranteed under Articles 14 & 16 13 of the Constitution of India. They further place reliance on the judgment passed by Hon’ble Supreme Court in the matter of Dwijen Sarkar vs. Union Of India reported in (1999) 2 SCC 119. 6. Learned State counsel while filing return submits that the petitioners were appointed on the post of Head Master, Primary School on 10.12.2010 and were posted in the District Balodabazar-Bhatapara which was under the revenue District Raipur. Later on, in the year 2012, a separate District was created from revenue District Raipur. Subsequently, the petitioners were transferred to District Raipur vide order dated 14.08.2017 on their own request and expenses. Since the petitioners were transferred from Balodabazar-Bhatapara to Raipur by which existing District was changed and, as such, their seniority was also affected and accordingly the gradation list was prepared in which the name of the petitioners were below the Teachers who were already posted in the Raipur District. The present petitioners, who were transferred on their own expenses, have been placed under the Teachers, who were already serving at District Raipur. As such, the claim of petitioners for upgradation of their place in the gradation list is totally misconceived. The petitioners cannot be placed in the position as claimed by them. The petitioners knowing well about their gradation list and they have chosen to be posted at District Raipur from the place coming under newly created District i.e. Balodabazar-Bhatapara, as such, they have come to District Raipur on their own choice and they cannot 14 question their position in the gradation list. The gradation list has rightly been prepared which is not required to be interfered with. Accordingly, the present petition deserves to be dismissed. 7. Learned counsel for the intervenors opposes the instant petition and submits that the claim of the petitioners cannot be granted to them, as it is not in accordance with law as the Teachers who have opted for serving in some other District, they are required to be placed below the Teachers who are already working there and who are already in the gradation list, as such, the petitioners have been placed below to the Teachers who are working there. One cannot seek two benefits at the same time. The petitioners are knowing well that their gradation list will be challenged, however, instead of challenging the same, they have opted for serving in another District, as such, the gradation list is right in its part. He places reliance upon the judgment of the Hon’ble Supreme Court in the matter of K.P. Sudhakaran & Another vs. State of Kerala & Others reported in (2006) 5 SCC 386. 8. I have heard learned counsel for the parties, considered their rival submissions put forth before me and have also gone through the documents appended to the writ petitions. 9. The grievance of the petitioners as projected by them seems that they are raising dispute stating that by transfer, they have been placed in the gradation list below to their juniors. The petitioners were serving in the erstwhile District of Balodabazar-Bhatapara, however, subsequently when a new District i.e. Balodabazar and 15 Bhatapara has been created from Raipur, they have opted for old District Raipur, in which they were earlier posted and, as such, they cannot be placed in the gradation list below to their juniors. So far as the law for gradation list is concerned, the gradation list are being prepared on the basis of initial service and thereafter to be considered according to their merits. The gradation list according to the service rules of the petitioners would be considered on the basis of merit cum seniority. There is no dispute at all that on merits, the petitioners are not objecting to their juniors. The only thing against the petitioners is that they have opted for their old District Raipur and not for newly created District Balodabazar- Bhatapara. Earlier, a common gradation list was prepared in which the petitioners were above their juniors and they have been placed on their right place, however, due to creation of new District Balodabazar-Bhatapara, they have opted for old District Raipur, thereafter, their gradation list was prepared in which they have been placed below to their juniors who were already working at Raipur District. 10. Considering the arguments advanced by the parties, considering the laws laid down by the Hon’ble Supreme Court, it is revealed that there is no difference between Inter-District transfer on self request and administrative basis, therefore, the seniority of the petitioners has to be reckoned from their respective date of appointment on the post of Primary School Head Master and not from the date of joining at transferred 16 district. The respondents are considering the fact that the seniority will not be changed upon going on transferred place and it will remain one and same. If a person has joined in place A and thereafter subsequently, for any reason, he got transferred to place B, then in both the places, his/her dated of joining would be same and one for all the purposes of his/her service. It cannot be held and declare that he/she become junior upon joining new place of posting. Even if any circular to this effect has been passed, it would be violative of Articles 14 & 16 of the Constitution of India. One cannot be declared junior by virtue of his/her transfer to another District. The judgment cited by the intervenors stating that when the government servant is transferred on his own request, then the transferred employee will have to forego his/her seniority till the date of transfer, and will be placed at the bottom below the juniormost employee in the category in the new cadre or department. This is because a government servant getting transferred to another unit or department for his/her personal consideration, cannot be permitted to disturb the seniority of the employees in the department to which he/she is transferred, by claiming that his service in the department from which he has been transferred, should be taken into account. 11. In light of the aforesaid discussion, it is apparent on the face of record that the gradation list prepared by the authorities are erroneous and the same is required to be rectified while amending the same and while placing the petitioners in their right 17 place on the basis of their initial joining of service. The mere getting transferred on own request would not render the petitioners to be placed under their juniors. 12. In the result, the relief claimed by the petitioners is required to be granted to them and accordingly the writ petitions are allowed while directing the respondent authorities to rectify the impugned gradation list and to prepare a fresh gradation list in accordance with law by placing the petitioners in their proper gradation list. The petitioners are also entitled to get their seniority on the post of Headmaster with effect from 10.12.2010 i.e. the date of joining on the post of Headmaster, Primary School with all consequential benefits. 13. Accordingly, the writ petitions stand allowed. No order as to cost(s). Sd/- (Amitendra Kishore Prasad ) Judge Vishakha