1 2025:CGHC:51230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2728 of 2023 1 - Lata Baghel W/o Churaman Singh Sahu Aged About 40 Years Presently Working As Assistant Teacher (L B) At Government Primary School- Akoli, Tahsil - Berla, District Bemetara Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhavan Mantralaya, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Director, Public Instructions Chhattisgarh, Raipur, District Raipur Chhattisgarh 3 - Divisional Joint Director, Education Division Raipur, District Raipur Chhattisgarh 4 - Block Education Officer, Berla District Bemetara Chhattisgarh 5 - District Education Officer, Bemetara Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Manoj Rai, Advocate For Respondent(s) : Mr. Vivek Mishra, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 14/10/2025 1. This petition has been filed by the petitioner seeking for the following relief(s):- 10.1) This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents for its kind perusal. 10.2) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the seniority of the petitioner. 10.3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted. 2. By way of the present petition, the petitioners do not seek to challenge any specific order; rather, they respectfully pray for a direction affirming their entitlement to seniority from the date of their initial appointment, and not from the date of their transfer to a different place of posting. The petitioners submit that the respondents are legally obligated to calculate their seniority commencing from the original date of appointment to the post of Assistant Teachers/Shiksha Karmi Grade-III, and not from the date of their joining at the transferred location. In compliance with the order passed by this Hon’ble Court in WPS/712/2022, the petitioners submitted a representation to the Chief Executive Officer, Janpad Panchayat, who thereafter recommended the matter to the Block Education Officer, Berla, regarding the correct 3 computation of the petitioners’ seniority. However, this recommendation was not acted upon, and a further representation was made to the District Education Officer, Bemetara, which also remains unaddressed and unconsidered by the relevant authorities. The petitioners, therefore, pray that this Hon’ble Court may be pleased to issue appropriate directions to ensure that their seniority is recognized and calculated in accordance with their initial date of appointment, thereby upholding principles of fairness and equity, and preventing any prejudice caused by erroneous computation of seniority based on the date of transfer. 3. Learned counsel for the petitioner submits that The petitioner was appointed in the year 2005 to the post of Shiksha Karmi Grade-III in the Panchayat and Rural Development Department and was initially posted at Primary School Talaipar, Janpad Panchayat Nawagarh, Tahsil Berla, District Durg (now Bemetara). Subsequently, in accordance with the State policy aimed at keeping husband and wife together, the petitioner was transferred to Janpad Panchayat Berla, with the district remaining unchanged. The State Government later decided to absorb employees from the post of Shiksha Karmi Grade-III to Assistant Teacher, and on 20.08.2018, respondent no. 5 issued an order formalizing the petitioner’s absorption. While the respondents rightly calculated the petitioner’s eight years of service from the initial date of appointment for absorption purposes, they erroneously considered the date of joining at the transferred place (2012) for 4 the purpose of seniority calculation. Consequently, the petitioner filed WPS/712/2022 before this Hon’ble Court, which by order dated 15.03.2023 granted liberty to make a representation regarding inter se seniority from the initial date of appointment. Pursuant thereto, the petitioner submitted a representation to the Chief Executive Officer, Janpad Panchayat, who recommended in accordance with applicable rules that the petitioner’s seniority remain unaffected by the transfer. However, a subsequent representation to the District Education Officer, Bemetara, regarding seniority calculation has not been considered to date, despite the impending commencement of the promotion verification process on 24.04.2023. It is pertinent to note that no rule in the School Education Department mandates seniority to be reckoned from the date of joining at the transferred place; thus, the petitioner’s seniority is rightly to be determined from the initial appointment date as Assistant Teacher/Shiksha Karmi. This position finds support in the judgment dated 12.02.2025 in WPS No. 2263 of 2021 (Omkar Prasad Verma v. State of Chhattisgarh & others), wherein this Hon’ble Court held that gradation lists prepared on erroneous grounds must be rectified to reflect seniority based on initial service dates, emphasizing that transfers made on request do not justify relegation in seniority. The petitioner’s case is even stronger, as the district of posting remained unchanged. In light of the foregoing, the petitioner humbly submits that the present petition be allowed in the interest 5 of justice and this Hon’ble Court be pleased to direct the respondent authorities to consider the petitioner’s seniority from the date of initial appointment, with all attendant benefits. 4. At the very outset, the Respondent respectfully submits that the Petitioners are not entitled to the reliefs claimed, as the Petitioner was initially appointed in the year 2005 as Shiksha Karmi Grade III under the Panchayat and Rural Development Department and was posted at Primary School Talaipar, Janpad Panchayat Nawagarh, Tahsil Berla. Thereafter, she was transferred to Janpad Panchayat Berla upon her own request on the ground of husband and wife being posted together. 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. A copy of the said policy is filed herewith as Annexure R/2. Accordingly, in compliance with the said policy, the Petitioner was rightly placed at the bottom of the seniority list of Shiksha Karmi Grade III in Janpad Panchayat Berla. Subsequently, the Petitioner, along with other Shiksha Karmis, was absorbed into the School Education Department vide order dated 20.08.2018. The said transfer policy is uniformly applicable to all employees across the State; hence, the Petitioner’s request for maintaining her seniority from the initial date of appointment is contrary to the prevailing policy and established norms. Furthermore, the Petitioner’s representation seeking restoration of her seniority from the date of 6 initial appointment was duly considered, and the District Education Officer, Bemetara, upon examination, rightly recommended rejection of her claim in light of Clause VIII, Point No. 2 of the Transfer Policy dated 09.07.2010. A copy of the letter dated 17.05.2023 is filed herewith as Annexure R/1. 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 petitioner's request to have her seniority calculated from the date of her 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 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 7 concerned respondent authorities re-examine the petitioner’s seniority in accordance with the applicable rules and legal provisions, considering her initial date of appointment in 2005, 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 petitioner’s seniority is 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 petitioner’s seniority. Any benefits arising from the correction of her seniority shall be provided to the petitioner in accordance with the law. 9. The petition is thus disposed of with the above directions. Sd/-d/- (Amitendra Kishore Prasad) Judge Saxena