1 CGHC010366452026 2026:CGHC:41534 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7012 of 2026 1 - Dr. Asha Dubey W/o Shri Alok Kumar Dubey, Aged About 63 Years Wallfort Alancia, Sarona Raipur (C.G.) Pin Code - 492099. ... Petitioner 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 Naveen College, Gudhiyari, Raipur, Chhattisgarh. Respondent(s) (Cause title taken from Case Information System) For Petitioner : 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 petitioner has prayed for following reliefs:- “10.1 Issue an appropriate writ, order directing the AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.28 10:30:00 +0530 2 Respondents to determine/re-determine and incorporate the seniority of the Petitioner in accordance with the applicable service rules and the records of her service, and consequently include her name 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 Petitioner's representation dated 05.03.2025 on merits, after considering the Petitioner's 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 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 Petitioner for promotion to the appropriate higher post on the basis of her correctly determined seniority, subject to her eligibility, suitability and other applicable conditions; 10.4 Grant all consequential service benefits found due to the Petitioner 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 petitioner 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 3 that the Government Order dated 24.09.2013 expressly states that the College was taken over w.e.f. 21.12.2012 therefore, the Petitioner's seniority should be determined from 21.12.2012. Learned counsel submits that the Petitioner has continuous service from 16.10.1990, and has received confirmation, Senior Grade, and Selection Grade. He submits that the Respondents have committed an express violation of Rule 14(v) the Petitioner's name was not included 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 Petitioner has been serving as Assistant Professor since 16.10.1990 in the erstwhile Arts and Commerce Girls College, Devendra Nagar, Raipur (subsequently known as Sant Gobindram Shadani Government Arts and Commerce Girls College, Devendra Nagar, Raipur), and is presently serving as Assistant Professor in the Department of Sociology at Government Naveen College, Gudhiyari, Raipur, Chhattisgarh, where she was transferred on 03.09.2019 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 4 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 petitioner 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