1 2025:CGHC:59816 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6947 of 2016 1 - Dinesh Kumar Rathore S/o Shri R. K. Rathore, Aged About 47 Years Working As Upper Division Teacher, Government High School, Dhurkot, Block Nawagarh, District Janjgir Chapa, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - The Director, Directorate Public Instructions, Indrawati Bhawan, Block 3, First Floor, Naya Raipur, District Raipur, Chhattisgarh. 3 - District Education Officer, Janjgir Champa, District Janjgir Champa, Chhattisgarh. 4 - Shri Narendra Giri Goswami, Working As Lecturer, Higher Secondary School, Lormi, District Mungeli, Chhattisgarh. ... Respondents For Petitioner : Mr. Jitendra Pali, Adv. For State : Mr. H.A.P.S. Bhatia, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 09/12/2025 1. This petition is filed under Article 226 of the Constitution of India against the order dated 16.09.2016 (Annexure P/1) issued by respondent No. 2, whereby the claim of the petitioner for promotion to HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2025.12.10 14:14:55 +0530 2 the post of Lecturer (Mathematics) in School Education Department has been rejected. 2. As per the petitioner, the brief facts of the case are that the petitioner was initially appointed to the post of Lower Division Teacher on 26.04.1989. The petitioner was promoted as Upper Division Teacher on 02.02.2009 (Annexure P/2). The petitioner is presently working at the Government School, Dhurkot, Block Nawagarh, District Janjgir-Champa. Further, the petitioner was granted seniority in the post of the Upper Division Teacher w.e.f. 18.08.2008 by order dated 23.01.2015 (Annexure P/3) of the District Education Officer, Janjgir-Champa (C.G.). The petitioner has completed more than 5 years of service. The respondent State has framed the recruitment and promotion rules under the proviso to Article 309 of the Constitution of India, namely Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008 (for short the Rules, 2008). The aforesaid Rules, 2008, would govern the recruitment for the posts of the Lecturer. The respondent No. 2 issued promotion orders on the post of Lecturer after consideration and recommendations of the cases of Upper Division Teachers by the Departmental Promotions Committee. Promotion orders dated 16.06.2012, 21.01.2013 and 30.04.2015 are annexed herein as Annexure P/4, Annexure P/5, but the name of the petitioner was not considered for promotion. 3. Further, the case of the petitioner is that the petitioner was promoted as Upper Division Teacher on 02.02.2009, but he was not given seniority from the date of his eligibility. The petitioner approached the authority where his case was considered, and he was granted seniority in the post of the Upper Division Teacher from 18.08.2008 by order dated 23.01.2015 of the District Education Officer, Janjgir-Champa. The petitioner thereafter made representations to the authorities with regard to promotion of the junior persons (Upper Division Teachers) to the post of Lecturers, but nothing was done. The petitioner filed a writ petition bearing number WPS No. 2138/2015 against the inaction of the respondents for not 3 considering their case of the petitioner for promotion by the State authorities, which is a clear violation of the fundamental right. The aforesaid writ petitioner was disposed of on 22.06.2015 (Annexure P/6) with a direction that in the event the petitioner submits fresh representation within a period of one month from the date of the order, the competent authority shall consider and decide the same by a speaking order within a further period of three months. The petitioner submitted a representation along with the order passed by this Court before the district education officer on 06.07.2015 (Annexure P/7). On 16.09.2016 (Annexure P/1), the respondent No. 2 passed an order rejecting the representation of the petitioner, stating therein that the petitioner could not be considered for promotion as he did not have post graduation degree as on 01.04.2010; therefore, the case of the petitioner could not be considered. Hence, the petitioner filed this petition for the following reliefs:- “10.i. To kindly call for the records of the case from the respondents. 10.ii. To kindly quash the order vide No./Stha./Vya./Nya.Pra./2016/406 dated 16.09.2016 issued by the respondent No. 2. 10.iii. To kindly direct the respondents to consider the case of the petitioner for promotion from the date his juniors have been considered and he may be granted promotion from the date his juniors have been promoted with all consequential benefits including arrears of salary. 10.iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case.” 4. Learned counsel for the petitioner submits that the petitioner is eligible to be considered for promotion to the post of Lecturer as per the provisions of Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008. He further submitted that after the filing of this petition, the petitioner has been promoted to the post of Lecturer w.e.f. 19.06.2017, but his seniority and consequential benefits, including arrears of salary, have not been considered. As such, the petition may be disposed of by 4 directing the respondent authorities to give the seniority and the monetary benefits and arrears for which he is entitled. 5. Learned counsel for respondents No. 1 to 3 submits that as regards the contentions raised by the petitioner regarding his promotion, the petitioner has been considered for promotion on the post of Lecturer (Mathematics) and he has been promoted w.e.f. 19.06.2017, which is evident from Annexure AD/1, which has already been filed by the petitioner wherein the petitioner is at Sr. No. 21 and so far as the contention of the petitioner regarding seniority & monetary benefits as well as his promotion from the date his juniors have been promoted with all consequential benefits including arrears of salary, it is submitted that the petitioner would be duly considered for seniority and his seniority will not be affected and the monetary benefits & arrears for which he is entitled would be duly granted to him and the same is under process and the case of the petitioner would be duly considered as per his entitlement and in accordance with law and thus the apprehension of the petitioner that his juniors would be considered ahead of the petitioner is futile. 6. Heard counsel for the parties and perused the material available on record. 7. Looking to the Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008, it is clear that Schedule II of the Rules, 2008 provides that the post of Lecturer would be filled 100% by promotion from Upper Division Teacher. It is also prescribed vide Serial No. 2 of the Schedule IV of the Rule 2008 that an experience of 5 years as an Upper Division Teacher is required for the promotion to the post of Lecturer. It also provides that in the case of Non-availability of the subject teacher for promotions, teachers with a minimum experience of 3 years may be considered for promotion. 8. In the instant case, the respondents initiated the process for promotion from the post of Senior Teacher to lecturer. In compliance with the recommendation of the Departmental Promotion Committee, the department issued promotion orders to the post of Lecturer on 5 16.06.2012. However, the petitioner’s name was not considered on the ground that the departmental promotion committee had considered the seniority list as of 01.04.2010, at which time the petitioner did not possess a postgraduate degree, and was therefore deemed ineligible for promotion. Even if it is assumed that a postgraduate degree is mandatory for promotion, the petitioner had obtained the postgraduate degree on 16.04.2012, while the promotion order was issued on 19.06.2012. Therefore, the petitioner possessed a postgraduate degree on the date the promotion order was issued. However, the petitioner was subsequently promoted to the post of Lecturer with effect from 01.06.2017, but the petitioner has not been granted seniority & monetary benefits, as well as his promotion from the date his juniors have been promoted with all consequential benefits, including arrears of salary. 9. Considering the facts and circumstances of the case, the ground of the impugned order dated 16.09.2016 is set aside. The petitioner is directed to submit a fresh representation with all his grievances before the respondent No. 2 within a period of 30 days from today, and respondent No. 2 is directed to decide the petitioner’s representation as per the Recruitment and Promotion Rules, 2008, within a period of 90 days from the date of representation. However, the petitioner would be at liberty to challenge the outcome of his fresh representation if aggrieved by the same. 10. Accordingly, the writ petition is disposed of with the aforesaid directions. Sd/- (Sanjay Kumar Jaiswal) JUDGE H.L. Sahu