Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45996
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 563 of 2022 1 - Kamta Prasad Jhariya S/o Shri Dhanush Lal Jhariya, Aged About 58 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Balodakhurj, Block Sehaspur, Lohara, District Kabirdham Chhattisgarh, 2 - Ramchandra Sahu, S/o Shri Dhaniram Sahu, Aged About 39 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Daniyakhurd, Block Kawardha, District Kabirdham Chhattisgarh 3 - Nirmal Singh Maravi, S/o Shri Tijau Ram Maravi, Aged About 38 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Sarodhi, Block Bodla, District Kabirdham Chhattisgarh 4 - Kapil Das Manikpur S/o Shri Bhuwan Das Manikpur, Aged About 34 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Junwani Jungle, Block Bodla, District Kabirdham Chhattisgarh 5 - Kamlesh Kumar Chandrawanshi S/o Shri Tula Ram Chandrawanshi Aged About 35 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Khaira, Block Bodla, District Kabirdham Chhattisgarh 6 - Komal Singh Thakur S/o Shri Mem Singh Thakur, Aged About 38 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Sarodhi, Block Sahaspur Lohara, District Kabirdham Chhattisgarh 7 - Ram Kumar Sahu S/o Shri Ghasiya Ram Sahu, Aged About 37 Years Occupation Assistant Teacher L.B. Posted At Government Primary School, Koilar Jhuri, Block Bodla, District Kabirdham Chhattisgarh
... Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Education Department, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - District Education Officer, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh 3 - Chief Executive Officer, District Panchayat, Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh
... Respondents For Petitioners : Mr. Awadh Tripati, Advocate For Respondents/State : Ms. Neelima Singh Thakur, Panel Lawyer Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.16 18:45:42 +0530
2 Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board 09/09/2025
1. The petitioners have filed this petition seeking the following relief(s):- 10.1 That the Hon’ble Court may kindly be pleased to direct the respondent to maintain the seniority of the Petitioners according to the GAD Circular and quash the seniority from the date of joining at transfer place and provided the seniority to the Petitioners from their date of joining and accordingly prepared the final gradation/seniority list of Assistant Teacher L.B. of District – Kabirdham. 10.2 That, the Respondent may also be directed to consider the name of the Petitioners as well as their seniority from the date of his appointment and accordingly consider his name for next promotion post and decide the objection of the Petitioners which they raise about the provisional seniority list. 10.3 Any other relief which this Hon’ble Court may deem fit and proper may also be passed in favour of the petitioner.
2. Mr. Awadh Tripathi, learned counsel appearing for the petitioners would submit that the facts involved in the present case are squarely covered with the order passed by this Court in WPS No. 1434/2022 dated
14.08.2025. Therefore, this petition may be disposed of in terms of
order passed in WPS No. 1434/2022.
3. Ms. Neelima Singh Thakur, learned Panel Lawyer appearing for the State would endorse the submission made by Mr. Awadh Tripathi.
4. Mr. Awadh Tripathi would submit that the petitioners were appointed to the post of Shiksha Karmi Grade-III vide orders dated 08.01.1999; 05.06.2006; 19.06.2006; 06.02.2008; 18.08.2008 and 13.02.2009 in Janpad Panchayat Kawardha. He would contend that vide orders dated 30.6.2009; 28.06.2008; 08.07.2009; 31.08.2010; 24.09.2013; 15.10.2015 and 20.07.2012 their services were transferred to Lohara within same district. It is also contended that the services of the
3 petitioners were absorbed in the School Education Department and thereafter, a gradation list was published on 1.4.2021. He would argue that since the petitioners were transferred within the same District, the concerned authorities are under an obligation to maintain their seniority from the date of their initial appointment.
5. I have heard learned counsel for the parties and perused the documents, including the circular dated 22.1.2022.
6. The circular dated 22.1.2022, issued by the Divisional Joint Director, Education Division, Raipur, would make it clear that when a teacher is transferred from one District to another, his seniority would be counted in the transferred district from the date of such transfer. However, in the present case, the services of the petitioners were transferred within the district Kawardha on their own request, therefore, the respondent authorities ought to have maintained their seniority from the date of their initial appointment.
7. Considering the above-discussed facts, the petitioners are permitted to make representation(s) before respondent No. 2 within a period of 15 days from today and in turn, the authority concerned is directed to consider the representation(s) and take an appropriate decision with regard to the seniority of the petitioners, preferably, within a period of 45 days from the date of receipt of a copy of this order.
8. With the aforesaid observation(s), the present petition is disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge vatti