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2026 DAILYLAW 33472 (CHH)

Guleshwar Gendre v. State Of Chhattisgarh

WPS/5700/2017 · 2026-08-20

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010002922017 2026:CGHC:37535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5700 of 2017 1 - Guleshwar Gendre S/o Shri Daluram Gendre Aged About 39 Years Posted As A Assistant Teacher Panchayat, Boys Middle School, Sorar, Block Gunderdehi, District Balod Chhattisgarh, Chhattisgarh 2 - Mukesh Kumar Dhankar S/o Tilak Ram Dhankar Aged About 40 Years Posted As A Assistant Teacher Panchayat, Government Primary School Bhawarmara, Block Dondi Lohara, District Balod Chhattisgarh , District : Balod, Chhattisgarh 3 - Umendi Ram Salame S/o Late Veer Singh Salame Aged About 46 Years Posted As Assistant Teacher At Government Primary School, Mulle, Block Balod, District Balod Chhattisgarh , District : Balod, Chhattisgarh 4 - Shital Kumar Singh S/o Shri Pamparam Sahu Aged About 30 Years Posted As Assistant Teacher Panchayat At Government Primary School, Gidhwa, Block Dondi Lohara, District Balod Chhattisgarh , District : Balod, Chhattisgarh 5 - Bhagwati Prasad Amdo S/o Itwari Ram Amdo Aged About 39 Years Posted As A Assistant Teacher Panchayat At Government Primary School, Lamti, Block Dondi Lohara District Balod Chhattisgarh , District : Balod, Chhattisgarh 6 - Aatmaram Kamariya S/o Late Bhujbal Ram Kamariya Aged About 51 Years Posted As A Assistant Teacher Panchayat At Government Primary School, Amapara, Sangari, Block Dondi Lohara, District Balod Chhattisgarh , District : Balod, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Government Panchayat And Rural Development Department, Mahanadi Bhawan, Naya Mantralaya, Naya Raipur, District Raipur Chhattisgarh, Chhattisgarh 2 - Collector, Balod Chhattisgarh , District : Balod, Chhattisgarh 3 - Chief Executive Officer, Zila Panchayat, District Balod Chhattisgarh, District : Balod, Chhattisgarh 4 - District Education Officer, Balod District Balod Chhattisgarh, District : Balod, Chhattisgarh 5 - Kedar Nath Sunhare S/o S/o Shri Mukutram Sunhare Aged About 40 Years Working As Assistant Teacher (Panchayat), At Government, Higher Secondary School, Purur, Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh -2- 6 - Smt. Seeta Devi Kuldeep W/o W/o Amarlal Kuldeep Aged About 42 Years Working As Assistant Teacher (Panchayat), At Government, Primary School Sorar, Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 7 - Sanjay Kumar Netam S/o S/o Ramadhar Netam Aged About 39 Years Working As Assistant Teacher (Panchayat), At Government, Primary School Arjuni, Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 8 - Smt. Parvati Thakur W/o W/o Shri G. R. Thakur Aged About 42 Years Working As Assistant Teacher (Panchayat), At Government Primary School Jatadah Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 9 - Smt. Basanti Sahu W/o W/o Narendra Kumar Sahu Aged About 50 Years Working As Assistant Teacher (Panchayat), At Government, Girls Primary School, Ghotiya, Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 10 - Smt. Hemin Pisda W/o W/o Shri Prakash Kumar Pisda Aged About 43 Years Working As Assistant Teacher (Panchayat), At Government Primary School Odgaon, Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 11 - Vinay Kumar Netam S/o S/o Shri Hari Ram Netam Aged About 42 Years Working As Assistant Teacher (Panchayat), At Government, Primary School Ruputola Block Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh ---- Respondents For petitioners : Mr. Sudhanshu Kumar Singh, Advocate holding the brief of Mr. B.P. Singh, Advocate For State : Mr. Anil S. Pandey, GA For respective respondents: Mr. Viprasen Agrawal, Advocate, Mr. Akash Pandey, Advocate and Mr. Shashi Kumar Kushwaha, Advocate along with Mr. G.P. Mathur, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21.08.2026 1. The petitioners have filed this petition seeking following relief (s) : “10.1 That this Hon'ble court may kindly be pleased to issue appropriate WRIT and direct the respondent authorities to publish the rectified promotional list according to petitioners subject separately. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondent authority to consider the candidature of petitioner according to their subject in which they have obtained their degree of Bachelor of 3 Art. 10.3 That this Hon'ble Court may kindly be pleased to further direct the respondent authorities to separate the Hindi Literature and Sanskrit Literature from the art subject. 10.4 That any other relief which this Hon'ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding her interest.” 2. Mr. Singh, learned counsel appearing for the petitioners, would argue that the petitioners, who are Graduates in Hindi and Sanskrit, were appointed to the posts of Assistant Teachers (Panchayat) between 1987 and 2016. He would further argue that a guideline was issued by the Commissioner-cum-Director, Panchayat, Directorate, Raipur, for promotion from the post of Assistant Teacher (Panchayat) to the post of Teacher Panchayat in various streams. Pursuant to said guideline, respondent No.3 prepared a provisional list for the promotion of Assistant Teachers (Panchayat) on 08.09.2017. Mr. Singh, learned counsel, would contend that the Assistant Teachers who are Graduates in Hindi Literature and Sanskrit have been included under the Art subjects, whereas separate provisional lists ought to have been prepared for said subjects in accordance with Schedule IV of the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012 (for short ‘the Rules of 2012’). He would further contend that the petitioners made various representations but till date, no decision has been taken by respondent No.4. He would submit that a direction may be issued to respondent No.4 to decide pending representation(s) of the petitioners strictly in accordance with law. 3. On the other hand, learned Advocates appearing for the -4- respondents would oppose the submissions made by learned counsel for the petitioners. They would submit that, in the absence of any specific provision in the Rules of 2012, subject-wise provisional list for promotion was not prepared; rather, a provisional list was prepared exclusively for the Arts and Science subjects. They would further submit that the petition is misconceived and deserves to be dismissed. 4. Heard learned counsel appearing for the parties and perused the documents placed on record. 5. Having considered the limited prayer made by Mr. Singh, this petition, at this juncture, is disposed of, reserving liberty in favour of the petitioners to make a detailed representation(s) before respondent No.4 and in turn, said authority is directed to decide the same keeping in mind the prevailing Rules with regard to division of subjects for promotion. The entire exercise shall be completed by the concerned authority preferably within a period of 120 days from the date of receipt of a copy of this order. The intervenor/respondents shall be provided due opportunity of hearing before taking any decision. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha