Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 9279 (CHH)

MRS. SHABANA KHAN v. THE STATE OF CHHATTISGARH

WPS/1782/2023 · 2025-08-13

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:41227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1782 of 2023 1 - Mrs. Shabana Khan W/o Abdul Wazeed Khan (Local Body) Aged About 43 Years Posted At Govt. Girls High School Shitlapara, Kanker Block Kanker, District Uttar Baster Kanker, Chhattisgarh. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, School Education Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh. 2 - Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh. 3 - Director Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Bhavika Kotecha, Advocate. For Respondent(s)/State : Mr. Ankur Kashyap, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board Digitally signed by RAGHVENDRA JAT 2 14/08/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “I. The Hon'ble Court may kindly be pleased to direct the respondents to reconsider and absorb the petitioner to Education Department, with effect from 1/7/2018 on completion of 8 years of services, by counting pervious service with all consequential benefit. ii. Any other relief which the Hon'ble court deems just and proper in the interest of justice.” 2. Brief facts of the case, is that, the petitioner was initially appointed to the post of Shiksha Karmi Grade-II by order dated 28.06.2008 and joined service on 02.07.2008, and was subsequently promoted and appointed to the post of Shiksha Karmi Grade-I, joining on 21.11.2011. The respondents duly counted the petitioner’s previous service for the purpose of granting the revised pay scale. Thereafter, vide order dated 30.06.2018, the respondents issued directions regarding absorption of all Teacher Panchayat cadre employees into the School Education Department, who had completed the requisite years of service, and further clarification was issued on 13.07.2018 to the effect that in cases where an employee, after obtaining NOC, had joined a higher post, his/her service would be counted from the date of joining in the lower post. On 3 02.07.2018, respondent No. 1 also issued an order under the name and orders of the Hon’ble Governor of Chhattisgarh directing that absorption orders would be passed every year on 1st January and 1st July. Subsequently, the Additional Secretary issued another order dated 23.07.2020 providing that absorption to the cadre of respondent No. 1 would be effected on completion of two years of service and that teachers entitled for absorption as on 01.07.2020 would be absorbed on 01.11.2020. It is further submitted that in a similar matter, the Hon’ble Court was pleased to direct the respondents to consider the case of the petitioner on the same footing. Hence, this petition. 3. Learned counsel for the petitioner submits that petitioner may be allowed to make representation for her absorption in Department of School Education from a particular date before the respondents and the same may be directed to be decided expeditiously. 4. On the other hand, learned counsel for the State submits that in view of limited prayer made by learned counsel for petitioner, he is having no objection. If any representation is submitted, it will be considered in accordance with law. 5. Be that as it may, the petitioner is at liberty to prefer such representation along with copy of this order before the respondents/competent authority within 30 days from the date of 4 receipt of copy of this order and, in turn, if any such representation is preferred by the present petitioner for her absorption from a particular date, the respondents/competent authority is directed to consider and decide said representation in accordance with law on its own merit by passing a reasoned and speaking order preferably within three months from the date of production of said representation. It is made clear that this Court has neither expressed any opinion on the merits of the case nor issued any direction for absorption of the petitioner from a particular date. 6. With aforesaid observations, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat