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2025 DAILYLAW 8139 (CHH)

TULARAM CHATURVEDANI v. STATE OF CHHATTISGARH

WPS/1537/2018 · 2025-08-25

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-1- 2025:CGHC:43266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1537 of 2018 Tularam Chaturvedani S/o Shri Keshavram Chaturvedani , Aged About 38 Years Posted As Assistant Teacher ( Panchayat ) Government Primary School Nakta , Janpad Panchayat Arang , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Petitioner versus 1 - State of Chhattisgarh Through The Secretary Panchayat And Rural Development Department Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh. 2 - The Chief Executive Officer , Zila Panchayat Raipur District Raipur Chhattisgarh. 3 - The Chief Executive Officer , Zila Panchayat Raipur District Raipur Chhattisgarh. 4 - The Block Education Officer , Arang , District Raipur Chhattisgarh. --- Respondent(s) For Petitioner : Mr. K. K. Pandey, Advocate For State : Mr. Topilal Bareth, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 26.08.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/direction/ order, thereby setting-aside the impugned information (Annexure P/7) and direct the respondent no. 2 to grant promotion to the -2- petitioner to the post of Teacher (Panchayat), as per Rules, 2012. 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.” 2) Learned counsel for the petitioner would submit that vide order dated 16.11.2005, the petitioner was appointed as Shiksha Karmi Grade-III (now re- designated as Assistant Teacher (Panchayat)) and at present, he is posted at Government Primary School Nakta, Janpad Panchayat Arang, District Raipur (C.G.). It is contended that since his initial appointment, the petitioner has been discharging his duties sincerely and to the satisfaction of his superior authorities. He would further submit that the petitioner is a graduate in Arts and holds a D.Ed. degree. He has annexed copies of his qualifications as Annexure P/2. He would argue that according to the provisions of Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012, graduate trained Assistant Teachers (Panchayat), on completion of 7 years of service, are entitled to promotion to the post of Teacher (Panchayat). It is argued that the petitioner had earlier approached this Court by filing W.P.(S) No. 6322 of 2016, which was disposed of on 21.11.2016 directing the respondents to consider his representation within six months. On non- compliance, the petitioner had to file Contempt Case (Civil) No. 406 of 2017, which was disposed of on 01.08.2017 granting one more opportunity to the respondents to comply with the order. He argued that though more than 17 -3- years have passed since his initial appointment, his claim for promotion has not been considered, whereas similarly situated persons have already been extended such benefit. 3) On the other hand, learned State counsel would oppose the submission made by counsel for the petitioner. 4) Taking into consideration the limited prayer made by learned counsel for the petitioner, this petition is disposed of with liberty to the petitioner to make a fresh representation before the District Education Officer, District Raipur within a period of four weeks from today. 5) If such representation is made, the competent authority shall consider and decide the same in accordance with law preferably within a period of 45 days from the date of receipt of representation. 6) It is made clear that this Court has not expressed any opinion on the merits of the case and it is for the competent authority to take a decision strictly in accordance with law. 7) With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim