1 2025:CGHC:59291 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1681 of 2023 1 - Anil Kumar S/o Shri Rupsai Aged About 36 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Darridand, Block Udaipur, District Surguja, Chhattisgarh. 2 - Ashok Kumar Nayak S/o Shri Ghursai Nayak Aged About 39 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Jamoni, Block Lundra, District Surguja, Chhattisgarh. 3 - Keshwer Lal Shri Dabru Ram Aged About 43 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Masga, Block Lundra, District Surguja, Chhattisgarh. 4 - Smt6. Mamta Bhagat W/o Shri Bigansai Aged About 36 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Ajirmakala, Block Lundra, District Surguja, Chhattisgarh. 5 - Smt. Hemlata W/o Shri Dilip Kumar Aged About 38 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Pradhanpara (Kishunpur), Block Lundra, District Surguja, Chhattisgarh. 6 - Smt. Suchita Toppo W/o Shri Anup Toppo Aged About 46 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Amdi, Block Lundra, District Surguja, Chhattisgarh. 7 - Smt. Pramila Kujur W/o Shri Tibiriyas Kujur Aged About 41 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Pakripara Karra, Block Lundra, District Surguja, Chhattisgarh. 8 - Kewal Kispotta S/o Late Rupan Kispotta Aged About 39 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Pangoti, Block Udaipur, District Surguja, Chhattisgarh. 9 - Smt. Shashikala Paikra W/o Shri Varun Kumar Singh Aged About 34 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Mahuari Para, Block Udaipur, District Surguja, Chhattisgarh. 10 - Smt. Sonkumari Minj W/o Shri Nansai Minj Aged About 37 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Kesma, Block Udaipur, District Surguja, Chhattisgarh. 11 - Smt. Manju Singh W/o Shri Dalgar Sai Aged About 40 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Ramnagar, Block Udaipur, District Surguja, Chhattisgarh. 12 - Smt. Kaleshwari Singh W/o Shri Ravindra Singh Otee Aged About 40 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Dewlapara (Dandgaon), Block Udaipur, District Surguja, Chhattisgarh. 13 - Smt. Durga Singh W/o Raibahadur Aged About 34 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Kathmuda, Block Udaipur, District Surguja, Chhattisgarh. 14 - Smt. Hemlata Chauhan W/o Shri Sainath Kumar Chauhan Aged About 37 Years Working As Asst. Teacher (L.B.) And Posted At Govt. 3 Primary School Rajapur, Block Mainpath, District Surguja, Chhattisgarh. 15 - Shri. Aasan Ram Jagat S/o Shri Somar Sai Aged About 36 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Togripara (Jarhadiha), Block Lundra, District Surguja, Chhattisgarh. 16 - Shri Maheshwar Prasad S/o Late Raghunandan Ram Kaushik Aged About 38 Years Working As Asst. Teacher (L.B.) And Posted At Govt. Primary School Telaidhar, Block Batauli, District Surguja, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. 3 - Director Panchayat Department, New Raipur, District Raipur, Chhattisgarh. 4 - Director Directorate Of Public Indtructions, Indrawati Bhawan, Block C, 1st Floor, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh. 5 - Divisional Joint Director Public Indtructions Surguja Division, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh. 6 - Chief Executive Officer Zila Panchayat Surguja, Ambikapur, District Surguja, Chhattisgarh. 4 7 - District Education Officer Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Anand Kumar Kujur, Advocate. For Respondent(s)/State : Mr. Rahul Tamaskar, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the seniority of petitioners for the eligibility to be considered for promotion from their initial date of appointment/joining the post of Assistant Teacher/ Shilsha Karmi Grade III and further direct the respondent authorities to prepare a fresh gradation list for the post of promotion accordingly. (ii) That this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of petitioners for promotion by calculating the seniority from their initial date of appointment/joining the post of Assistant Teacher/ Shilsha Karmi Grade (iii) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly 5 be granted.” 2. Brief facts of the case, is that, the petitioners were initially appointed as Shiksha Karmi Grade-III in their respective Janpad Panchayats in the State of Chhattisgarh, and upon their request, they were transferred to other places of posting in accordance with the government’s transfer policy. By order No. F-12/03/2018/20-2 dated 30.06.2018, the State Government directed that all teachers of Panchayat/Urban bodies who had completed eight years or more of service as on 01.07.2018 would stand absorbed in the School Education Department from that date. However, while issuing the final gradation list as on 01.04.2022 for the post of Assistant Teacher (L.B.), the District Education Officer, Surguja, reckoned the seniority of the petitioners for promotional eligibility from the date of joining at the transferred place rather than from the date of their initial appointment, which the petitioners contend is arbitrary and illegal. Although the respondents counted the petitioners’ service from the initial date of appointment for absorption into the School Education Department, they adopted a different and inconsistent standard by considering the date of joining at the transferred place for determining seniority for promotion. The Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 contain no provision stating that seniority of a transferee is to be computed from the date of joining at the transferred place, nor does any rule of the School Education Department prescribe such a method; 6 therefore, the petitioners assert that their seniority for promotional consideration must be determined from the date of their original appointment as Assistant Teachers/Shiksha Karmi Grade-III. The Deputy Director, Directorate of Public Instructions, Raipur has also issued directions to all Divisional Joint Directors and District Education Officers to prepare seniority lists strictly in accordance with the guidelines of the General Administration Department to ensure uniformity and prevent the use of varying standards, and reliance is placed on the judgment of the Hon’ble Supreme Court in M.B. Joshi v. Satish Kumar Pandey, (1992) Supp 2 SCC 49, wherein it was held that in the absence of specific rules, seniority among persons holding similar posts in the same cadre must be determined on settled principles of service jurisprudence. 3. Learned counsel for the petitioners submitted that the inaction and apathetic attitude of the respondent authorities are unreasonable, unconstitutional, discriminatory, unjust, malafide and violative of Articles 14, 16, and 21 of the Constitution of India as well as the Principles of Natural Justice. It was argued that the petitioners, who were initially appointed as Shiksha Karmi Grade III under the Panchayat and Rural Development Department in various Janpad Panchayats across Chhattisgarh, are employees of the State and are entitled to all service-related benefits. Despite being transferred on their own request in accordance with the government’s transfer policy, the State government, vide order dated 30.06.2018, absorbed teachers who had completed eight 7 years of service into the School Education Department but illegally ignored their initial appointment dates for determining eligibility for promotion. Further, the District Education Officer, Surguja, arbitrarily prepared the final gradation list as on 01.04.2022 by counting the petitioners’ seniority from the date of joining at the transferred place rather than from the initial date of appointment, contrary to the Chhattisgarh Civil Services (General Condition of Service) Rules, 1961. It was also contended that despite the Deputy Director issuing instructions to maintain uniformity in preparing seniority lists and despite a circular requiring compliance with the judgment in W.A. No. 475/2015 (Smt. Reeta Singh v. State of Chhattisgarh), the respondent authorities failed to consider these mandatory directions, thereby causing grave injustice to the petitioners. He further submits that the Hon’ble Supreme Court in M.B. Joshi v. Satish Kumar Pandey, (1992) Supp 2 SCC 49, has categorically held that, in the realm of service jurisprudence, where no specific rules governing seniority exist, the seniority of persons holding similar posts in the same cadre must be determined strictly on the basis of the length of their continuous service, and not on the basis of any other extraneous or fortuitous circumstances; therefore, the settled legal position unequivocally mandates that seniority be assigned according to the duration of service rendered, ensuring fairness, uniformity, and adherence to constitutional principles. 4. At the very outset, the Respondent respectfully submits that the 8 Petitioners are not entitled to the reliefs claimed, as the Petitioners were initially appointed as Shiksha Karmi Grade III under the Panchayat and Rural Development Department. As per the Transfer Policy dated 09.07.2010, Clause VIII of Point No. 2 explicitly stipulates that any employee transferred on his/her own request shall be placed at the bottom of the seniority list in the new Janpad Panchayat. Accordingly, in compliance with the said policy, the Petitioners were rightly placed at the bottom of the seniority list of Shiksha Karmi Grade III in Janpad Panchayat. Subsequently, the Petitioners, along with other Shiksha Karmis, was absorbed into the School Education Department vide order dated 30.6.2018. Therefore, in view of the foregoing submissions, the present petition is devoid of merit and deserves to be dismissed in limine. 5. I have heard both the counsel for the parties and perused the documents available on record. 6. Having considered the facts and circumstances of the case, the submissions of both parties, and the relevant legal provisions, this Hon'ble Court finds that the request of the petitioners to have their seniority calculated from the date of their initial appointment rather than the date of transfer is reasonable, especially in light of the fact that the district of posting remained the same, and no rule mandates the adjustment of seniority based on transfer under the circumstances described. 7. In light of the judgment in WPS No. 2263 of 2021 (Omkar Prasad 9 Verma v. State of Chhattisgarh & others), where this Hon'ble Court emphasized the correction of seniority lists based on the initial date of appointment, the Court finds merit in the petitioner's claim. The petitioner's seniority should be determined from the original date of appointment as Shiksha Karmi Grade III in the year 2005, rather than from the date of transfer in 2012. 8. Accordingly, the petition is disposed of with the direction that the concerned respondent authorities re-examine the seniority of the petitioners in accordance with the applicable rules and legal provisions, considering their initial date of appointment , and complete this process within 60 days from the receipt of this order. The authorities are required to consider all relevant legal provisions, including the Transfer Policy and other applicable guidelines, to ensure the seniority of the petitioners are computed fairly and in accordance with established rules. If any discrepancies are identified or further clarification is needed, the authorities shall promptly take corrective action to rectify the issue, ensuring the correct computation of the seniority of the petitioners. Any benefits arising from the correction of their seniority shall be provided to the petitioners in accordance with the law. 9. The petition is thus disposed of with the above directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat