1 CGHC010369962026 2026:CGHC:41900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7104 of 2026 1 - Dr. Ravi Sharma S/o Late Shri S. S. Sharma, Aged About 62 Years R/o C - 53, Gayatri Nagar, Post Office Shankar Nagar, Raipur, C.G. 2 - Dr. Anjana Purohit, W/o Shri Sudhir Kumar Purohit, Aged About 59 Years R/o Kanchan Ganga Phase - 1, Shiva Parisar, Near Little Flower School, Rohinpurm, Raipur, C.G. 3 - Dr. Kalpana Jha, W/o Mr. Navneet, Aged About 62 Years R/o F-15, Avani Vihar, Daldal Seoni, Mowa, Raipur, C.G. 4 - Dr. Laxmi Devnani, W/o Mr. Gautam Devnani, Aged About 60 Years R/o Easy -12, Flat No. 908, V I P Colony, Kachna Road, Raipur, C.G. 5 - Dr. Varsha Verma, W/o Mr. Pradeep Kumar Verma, Aged About 58 Years R/o Flat No. P-302, Matrichhaya - Pitrichhaya Apartment Priyadarshani Nagar, Raipur C.G. 6 - Dr. Manisha Garg, W/o Late Shri Surya Kant Garg, Aged About 61 Years R/o D-48, Sector - 3, Devendra Nagar, Raipur, C.G. 7 - Dr. Kavita Sharma, W/o Mr. Gopal Sharma, Aged About 62 Years R/o B-21, Gayatri Nagar, Near Jagannath Mandir, Raipur, C.G. 8 - Dr. Mini Gupta, D/o Late Late Shri M. L Gupta, Aged About 64 Years R/o House No. D-254, Sector - 04, Devendra Nagar, Raipur, C. G. 9 - Dr. Vinita Sharma, W/o Shri Anil Kumar Sharma, Aged About 64 Years R/o House No. 25/108, Azad Chowk, Raipur C.G. 10 - Dr. Madhuri Shrivastava, W/o Shri Rajkumar Shrivastava, Aged About 63 Years R/o P. O. Ravi Gram, Shyamnagar, Raipur, C.G. 11 - Dr. Maya Lalwani, W/o Late Shri Chandra Prakash Lalwani, Aged About 60 Years R/o F-2, Anand Vihar, Anand Nagar, Telibandha, Raipur, C.G. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.28 10:54:08 +0530 2 12 - Dr. Sushama Tiwari, W/o Shri Dinesh Kumar Tiwari, Aged About 61 Years R/o S R M I G - 699, Sector -2, Pandit Deendayal Upadhyay Nagar, Raipur, C.G. ... Petitioners versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Higher Education Of Higher, Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar, C.G. 2 - Director, Directorate Of Higher Education, Chhattisgarh, Block- 03, Second / Third Floor, Indravati Bhawan, Nava Raipur Atal Nagar Dist. Raipur C.G. 492001 3 - Principal, Sant Gobindram Shadani Government Arts And Commerce Girls College, Devendra Nagar, Raipur, C.G. Respondents (Cause title taken from Case Information System) For Petitioners : Mr. Anand Mohan Tiwari, Advocate For State : Mr. Ghanshyam Kashyap, Dy. G.A. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 26/09/2026 1. By the present Writ Petition, the petitioners have prayed for following reliefs:- “10.1 Issue an appropriate writ, order 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/7 (Colly.) dated 26.09.2024, 13.02.2025 and 27.07.2026 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 3 amended by Gazette Notification dated 13.06.2013), and the Government Order dated 24.09.2013, 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 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). The Government Order dated 24.09.2013 expressly states that the College was taken over w.e.f. 21.12.2012; therefore, the Petitioners' seniority should be determined from 21.12.2012. He submits that the Petitioners have continuous service from their respective appointments, and their services cannot be ignored while determining their seniority. The Petitioners were amalgamated/absorbed into Government service by Government Order dated 05.10.2018. However, the Respondents have erroneously computed their seniority from the date of absorption (05.10.2018) instead of from the date of takeover (21.12.2012), 4 contrary to Rule 14(v). Learned counsel further submits that all the Petitioners had been working on Selection Grade/Rs.9,000/- Grade Pay from before 2006, and the said position had been recognized by the Higher Education Department vide communication dated 23.06.2010. Despite this, the Respondents have placed the Petitioners below persons who are drawing lesser Grade Pay, which is contrary to the settled principles of seniority determination and wholly arbitrary. The College itself has repeatedly raised the issue before the competent authorities vide correspondence dated 26.09.2024 and 13.02.2025, specifically stating that the amalgamated academic staff is entitled to seniority from the date of takeover, i.e., 21.12.2012. Learned counsel further submits that the Petitioners also submitted their individual representations dated 27.07.2026, but no decision has been passed and the same are still pending. 3. Learned counsel for the State would submit that if the petitioners 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 their respective appointments in the erstwhile Sant Gobindram Shadani Government Arts and 5 Commerce Girls College, Devendra Nagar, Raipur, where they are presently serving after their amalgamation/absorption into Government service on 05.10.2018 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 24.09.2013; 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 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