1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 788 of 2025 1 - Onkar Prasad Sharma S/o Shri Girwar Prasad Sharma Aged About 41 Years Working As Teacher(L.B.) Govt. Middle School Pokhara Block Fingeshwar District - Gariyaband (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary School Education Department Mantralaya Atal Nagar Nawa Raipur District - Raipur (C.G.) 2 - The Secretary Department Of Panchayat And Rural Development Government Of Chhattisgarh Department Mantralaya Atal Nagar Nawa Raipur District- Raipur (C.G.) 3 - The Commissioner Cum Director Panchayat Ground Floor Vikas Bhawan North Block Sector - 19 Atal Nagar Nawa Raipur District - Raipur (C.G.) 4 - The Chief Executive Officer Zila Panchayat Gariyaband District - Gariyaband (C.G.) 5 - The District Education Officer Gariyaband District - Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar District - Gariyaband (C.G.) ... Respondents VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For Petitioner : Mr. Harish Khuntia, Advocate. For Respondent(s)/State : Ms. Nupur Trivedi, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. Heard. 2. By way of this petition, the petitioner has prayed for the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of petitioner for grant of promotion to the post of Lecturer (L.B.) with retrospective effect as per order/direction issued by the respondents no. 1, 2 & 3 (Annexure P/1, P/2 & P/3), forthwith, in accordance with law. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioner submits that the grievance ventilated through this petition is on account of non-consideration of petitioners' case for promotion on the next higher post of Lecturer (LB) with retrospective effect, as per the circulars/directions issued by the respondent No.1 on 14.08.2024 and 27.08.2024. Learned 3 counsel for the petitioner further submits that the petitioner is in public employment with avenue of promotion provided as per Schedule IV of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short Rules, 2019) minimum 5 years experience is required on the post of Teacher (LB) for promotion to the post of Lecturer (LB). It is submitted that the petitioner has fulfilled the said criteria as well as educational qualification for promotion to the post of Lecturer (LB). The petitioner is lying within the zone of consideration. However, till date, respondents have not considered the case of the petitioner for promotion. 4. Learned counsel for the State submits that this grievance can be ventilated by the petitioners invoking the remedy of statutory representation to the competent authority as provided under Rule 18 (1) (b) of the Panchayat Service (Discipline and Appeal) Rules, 1999 (for short" the Rules of 1999"). A perusal of the aforesaid Rule clearly provides that a member of the Panchayat Service may make representation against an order which amongst others, denies promotion to a higher post or service to which is otherwise eligible according to recruitment rules and which is due to him in accordance to seniority. 5. This Court, in similar cases, has already disposed off the petition with a direction to consider representation in terms of statutory rules. 6. Accordingly, this petition is also disposed off with a direction that in case the petitioner prefer representation, the same shall be 4 considered and decided by the authority by speaking order within period of 6 months from the date of receipt of copy of representation. 7. Accordingly, this petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha