1 2025:CGHC:44280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1064 of 2022 * - Rakesh Kumar Sahu S/o Rameshwar Prasad, Aged About 39 Years Assistant Teacher (L.B.), Govt. Primary School, Taro, Block Bodla, District Kabirdham (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director, Public Insdtructions, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director Education Durg, District Durg (C.G.) 4 - District Education Officer, Kabirdham, District Kabirdham (C.G.) ... Respondents For Petitioner : Mr. C.J.K. Rao, Advocate For Respondents/State : Mr. Rajkumar Gupta, Additional Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01/09/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the seniority of the petitioner w.e.f. 01.05.2005 inspite of 04.08.2013 in the gradation list. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioner as per the notification dated 22.01.2022. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate. Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.02 17:17:45 +0530 2 2. Learned counsel appearing for the petitioner would submit that the petitioner was appointed on the post of Shiksha Karmi Grade – III vide order dated 02.05.2005 in Janpad Panchayat, Block Pandariya. Vide order dated 24.09.2013 his services were transferred from Block Pandariya to Block Bodla and later on his services were absorbed in the School Education Department. He would contend that gradation list was published by the School Education Department and his date of joining of services has been shown as 04.10.2013 i.e. date of joining at transferred place. He would contend that as the petitioner had joined services on 01.05.2005, therefore, the respondent authorities ought to have mentioned date of joining of services 01.05.2005 instead of 04.10.2013. He would further contend that according to the circular issued by the Divisional Joint Director, Education Division, Raipur dated 22.01.2022, the seniority of the petitioner should have been counted from date of his initial appointment. He would further submit that as the petitioner was transferred within the district, his seniority would not affect. 3. On the other hand, learned Additional Advocate General appearing for the State/respondents would oppose. He would submit that the petitioner was transferred on his own request from one Block to another Block of District Kabirdham, therefore, his seniority has been shown from date of joining of the services at transferred place. 4. I have heard learned counsel for the parties and perused the documents, including the circular dated 22.01.2022. 5. The circular dated 22.01.2022, 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 3 in the transferred district from the date of such transfer. However, in the present case, the services of the petitioner were transferred within the District Kabirdham on his own request, therefore, the respondent authorities ought to have maintained the seniority of the petitioner from the date of his initial appointment i.e. 01.05.2005. 6. Considering the above-discussed facts, the petitioner is permitted to make a representation before respondent No. 4 within a period of 15 days from today and in turn, the authority concerned is directed to consider the representation and take an appropriate decision with regard to the seniority of the petitioner, preferably, within a period of 45 days from the date of receipt of a copy of this order. 7. With the aforesaid observation(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti