Chhattisgarh High Court

WPS/4357/2013 of Mohan Lal Sahu Vs State Of Chhattisgarh And Ors. on 20 December 2013

COURT OF CHHAmSGARH AT BILASPUR W.P.tSlNo.^'SS^ OF 2013. PETITIONBR : Mohan Lal Sahu. S/o. Late Shri B. R. Sahu. aged about 56 year, Upper Division Teacher. Govt. Middle School Piteeban, Block-Fingeshwar, District- Gariyaband (C. G.). e-^sla ®@»w yisi-y""' 'P ^ ^w .^" ^

IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR

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W.P.tSlNo.^'SS^OF 2013.

PETITIONBR :

Mohan Lal Sahu.

S/o. Late Shri B. R. Sahu.aged about 56 year, UpperDivision Teacher. Govt.Middle School Piteeban,Block-Fingeshwar, District-Gariyaband (C. G.).

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VERSUS

RESPONDENTS

: 1.

State of Chhattisgarh, : TheThrough Secretary,School Education Department,Mahanadi Bhawan, NewRaipur,(C. G.).

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2.

3.

The Cornitiissioner/Director,Director&te Public InstructionChhattisgarh, Raipur District Education Officer,Gariyaband,Dista-ict-Gariyaband (C.G.)

4.

Block Education Officer,Block-Fingeshwar,District-Gariyaband (C. G.).

WRITPETITIOILUNDERARTICLE22^6^0FTHECONSTITUTION OF INDIA

HIGH COURT OF CHHATTISGARH : BILASPUR

W.P.^No.4356of2013

PETITIONERSantosh Kumar SharmaVersusRESPONDENTSState of Chhattisgarh & others RESPONDENTS

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W.P.fSlNo.4357of2013

PETITIONERMohan Lal SahuVersus

RESPONDENTSState of Chhattisgarh & others AndW.P.fS)No.4359of2013PETITIONERYogeshwar Prasad UppadhyVersus RESPONDENTS

State of Chhattisgarh & others

Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra Present:-Shri S.K. Verma, counsel for the petitioners.Shri Rakesh Jha, Government Advocate for the State.

ORAL ORDER

(Passed on this 20th day of December, 2013)

Heard learned counsel for the parties.

1. Learned counsel for the petitioners would submit that by orderdated 21.06.2013 persons junior to the petitioners have been'promoted to the post of Head Master, Middle School, however, thepetitioners have not been considered for promotion on the groundthat they are untrained.

2. Learned counsel would submit that in view of Director PublicInstructions circular dated 22.11.1979, untrained teacher who has^\completed 20 years of service or 50 years of age is to be treatedas trained teacher and hjs case for promotion shall be considered \

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along with other trained teachers, therefore, the petitioners areentitled to be considered for promotion.entitled to be considered for promotion.

3. Learned counsel would submit that for the the present petitioners present petitionersmaybepermittedtomove freshrepresentationbeforethecompetent authority and a direction be issued to decide the sameexpeditiously.competent authority and a direction be issued to decide the sameexpeditiously.

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4. Considering the limited nature of relief claimed at this stage, it isdirected that in the event petitioners prefer fresh representationbefore the competent authority within a period of one month fromtoday,thesaidcompetentauthorityshalldecidetheirrepresentation in accordance with law, by speaking order, as earlyas possible and preferably within period of 3 months from the dateof submission of representation along with certified copy of thisorder.-~directed that in the event petitioners prefer fresh representationbefore the competent authority within a period of one month fromtoday,thesaidcompetentauthorityshalldecidetheirrepresentation in accordance with law, by speaking order, as earlyas possible and preferably within period of 3 months from the dateof submission of representation along with certified copy of thisorder.-~

-~Sd//-prashantKumarMishraJudge

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