1 2025:CGHC:20674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3234 of 2018 1 - Uttam Singh Patel S/o Shri Narmada Prasad Patel, Aged About 30 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Saraipali (Singansara), District Jangjir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Smt. Priya Dubey, W/o Shri Liten Kumar Dubey, Aged About 29 Years Working As Assistant Teacher (Panchayat) And Posted At Govt. Primary School Ragjapara, District Jangjir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Ritesh Goyal W/o Shri Gokul Prasad Goyal, Aged About 32 Years Working As Assistant Teacher (Panchayat) And Posted At Janpad Primary School Birghani (Cha), Block Baloda, District Jangjir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chief Executive Officer, Zila Panchayat Jangjir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Vinod Kumar Sharma, Advocate For State : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06.05.2025 1. By way of this petition, the petitioners have sought the following relief(s):- Digitally signed by NADIM MOHLE 2 (i) That, this Hon'ble Court may kindly be pleased to quash Annexure P-1 and Annexure P-2 in respect of the petitioners, in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities togrant promotion to the Assistant Teacher (Panchayat) on the post of Teacher (Panchayat) (Librarian) per as rules Chhattisgarh Teacher (Panchayat) Cadre (Recruitment Condition of Service) Rules 2012, in the interest of justice. (iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Facts of the present case are that the petitioners are working as Assistant Teachers (Panchayat) and possess the requisite qualifications and experience for promotion to the post of Teacher (Panchayat) (Librarian) as per the Chhattisgarh Panchayat Shikshak (Recruitment and Conditions of Service) Rules, 2012. As per Rule 6 of the said Rules, any Assistant Teacher (Panchayat) with seven years of experience and a degree in Library Science, or a graduation with a one-year diploma in Library Science, is eligible for such promotion. However, by order dated 12.01.2018, the State Government has restricted eligibility for promotion to only those working as Assistant Teacher (Panchayat) (Librarian), which is contrary to the statutory rules. Aggrieved by the said order being violative of the 2012 Rules, the petitioners have preferred this writ petition. 3. At the very outset, learned counsel for the petitioners would submit that very similar issue has come up before the Hon’ble Division Bench in Writ Appeal No. 169 of 2024 [Sarvesh Kumar Sharma and Ors. Vs. State of C.G. and Ors] decided on 16.04.2024, learned counsel for the petitioner would refer para – 5 of the aforesaid judgment which reads as under : - 3 “5. In pursuance of the directions to seek instructions, the State counsel has stated that similarly situated persons have already given promotions on the post of Teacher Librarian but states that the said promotion was against the norms by keeping the State in dark but it appears from the material brought on record that many persons have been promoted from the post of Assistant Teacher (Panchayat) to Teacher (Panchayat) (Librarian). Hence the impugned order passed by the learned Single Judge is set aside. The State is at liberty to consider the case of the petitioners within a period of six weeks, particularly considering that the similarly situated persons have already been given promotions.” 4. In view of the above, he would further submit that this petition may also be disposed in the above-mentioned terms and suitable direction may be issued to the Authorities. 5. Learned counsel for the State would not oppose the limited prayer made by counsel for the petitioner. 6. Taking into consideration the aforesaid aspects, the issue involved in the present case has already been settled by the Division Bench in the case of Sarvesh Kumar Sharma (supra), this Court deems it appropriate to direct the State/Authority to consider the case of the petitioners within a period of six weeks from the date of communication of this order, keeping in view the fact that similarly situated persons have already been granted promotions. Ordered accordingly. 7. With the aforesaid observation(s) and direction(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge NADIM