1 CGHC010366112026 2026:CGHC:41535 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7013 of 2026 1 - Dr. Madan Murari Vaishnav S/o Late Shri S. K. Das Vaishnav Aged About 61 Years R/o Ameri Road Shanti Nahar, Bilaspur Chhattisgrh. 495001. 2 - Dr. Anil Kumar Pandey S/o Late Shri M. L . Pandey Aged About 61 Years R/o Teachers, Colony, Hardi, Bazar District Korba Chhattisgarh. 3 - Dr. Kartikeshwar Dubey S/o Late Shri M. L. Dubey Aged About 56 Years R/o B / 98, Phase - 2,nd Rajkishore Nagar Bilaspur Chhattisgarh. 4 - Dr. S Krishnamurthy S/o Late Shri K Shankanand, Aged About 55 Years R/o - 16 / 280, Old N C C Office Road Vidya Nagar Near Krishna, Apartment Bilaspur Chhattisgarh. 495001. 5 - Shri Akhilesh Pandey S/o Late Shri Ganga Prasad Pandey Aged About 61 Years R/o 301, Srishthi Apartments, Shriv Takij Chouk Bilaspur C.G. ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mantralaya Mahanadi Bhawan, Nava Raipur Atal Nagar Chhattisgarh. 2 - Director Directorate Of Higher Education Chhattisgarh. Block -03, Second / Third, Floor, Indravati, Bhawan Nava Raipur Atal Nagar Chhattisgarh. 492002. 3 - Principal Government Gramya Bharti College, Hardi, Bazar District Korba Chhattisgarh. Respondents 2 (Cause title taken from Case Information System) For Petitioners : Mr. Anand Mohan Tiwari, Advocate For State : Mr. Shaleen Singh Baghel, G.A. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/09/2026 1. By the present Writ Petition, the petitioners have prayed for following reliefs:- “10.1 Issue an appropriate writ, order or direction directing the Respondents to determine/re-determine and incorporate the seniority of the Petitioners in accordance with the applicable service rules and the records of their services, and consequently include their names in the seniority list issued pursuant to order dated 13.11.2024; 10.2 Direct the Respondents, particularly Respondent No. 2, to consider and decide the representations filed as Annexure P/8 (Colly.) dated dated-06.06.2025, 28.06.2025, 17.07.2025, 29.08.2025, 06.02.2026, & 09.06.2026 on merits, after considering the Petitioners' service records, the applicable statutory rules including Rule 14(v) of the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (as amended by Gazette Notification dated 13.06.2013), and the Government Order dated 19.09.2013, by passing a reasoned and speaking order, within a time frame fixed by this Hon'ble Court; 10.3 Direct the Respondents to consider the Petitioners for promotion to the higher post on the basis of their correctly determined seniority, subject to their eligibility, suitability and other applicable conditions; 10.4 Grant all consequential service benefits found due 3 to the Petitioners upon such lawful determination of seniority and consideration for promotion; and 10.5 Grant any other relief which this Hon'ble Court may deem fit and proper in the interest of justice.” 2. Learned counsel for the petitioners submits that As per Rule 14(v) of the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (as amended by Gazette Notification dated 13.06.2013), the seniority of an absorbed employee should be determined from the takeover date (21.12.2012). He submits that the Government Order dated 19.09.2013 expressly states that the College was taken over w.e.f. 19.09.2013; therefore, the Petitioners' seniority should be determined from 19.09.2013. Learned counsel submits that the Petitioners have continuous service from 13.08.1993, 16.08.1993, 18.11.1998 & 02.03.1995 respectively. Learned counsel submits that the Petitioners were absorbed into Government service on 03.06.2016, however, the Respondents have erroneously computed their seniority from the date of absorption (03.06.2016) instead of from the date of takeover (21.12.2012), contrary to Rule 14(v). Learned counsel further submits that the Petitioners are drawing Academic Grade Pay (AGP) of Rs.9,000/- since the time of absorption, and are thus senior in rank and grade. Despite this, the Respondents have placed the Petitioners below persons who are drawing AGP of less than ₹9,000/-, which is contrary to the settled principles of seniority determination and wholly arbitrary. The Respondents have committed an express violation of Rule 14(v); the Petitioners 4 have been incorrectly placed in the seniority list dated 13.11.2024. 3. Learned counsel for the State would submit that if the petitioner will submit a fresh representation before respondent No. 1 & 2, the same shall be considered in accordance with the law and necessary order will be passed. 4. I have heard learned counsel for the parties and perused the pleadings. 5. It is not disputed that the Petitioners have been serving as Assistant Professors since 13.08.1993, 16.08.1993, 18.11.1998, 18.11.1998 and 02.03.1995 respectively in the erstwhile Gramya Bharti Vidya Peeth, Hardi Bazar, District Korba (subsequently known as Government Gramya Bharti College, Hardi Bazar, District Korba), where the petitioner no 1-4 are presently serving & the petitioner no -5 presently working as Assistant Professor, Department of English, Government Rewati Raman Mishra PG College Surajpur, Chhattisgarh after their absorption into Government service on 03.06.2016 without any break in service; it is further not disputed that the College was taken over by the State Government w.e.f. 21.12.2012 vide Government Order dated 19.09.2013; and it is also not disputed that as per Rule 14(v) of the Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (as amended by Gazette Notification dated 13.06.2013), the seniority of an absorbed employee should be determined from the date on which the College was taken over 5 by the Government. 6. In view of the above submissions made by the counsel for the State as well as the above factual scenario, this Writ Petition is disposed of with a direction to the petitioners to submit a representation before respondent No. 1 & 2 within a period of 20 days by mentioning the relevant rules and in case of submission of such representation, the respondents' authorities shall consider the same in accordance with the Rules, 1990 and shall pass reasoned and speaking order within a further period of 40 days from the date of receipt of the representation to be filed by the petitioner. 7. With the aforesaid direction/liberty, the Writ Petition is disposed of. SD/- (BIBHU DATTA GURU) JUDGE Amardeep