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  1. Home/
  2. Library/
  3. High Court Of Chhattisgarh/
  4. 2024/
  5. November

Mahesh Kumar Jaiswal vs. State of Chhattisgarh

Decided on 29 November 2024• Citation: WPS/7745/2024• High Court of Chhattisgarh
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                                              1                                     
                                                        2024:CGHC:47021             
                  Digitally signed by                                               
                  REKHA SINGH                                                       
                                                                  NAFR              
                        HIGH COURT   OF CHHATTISGARH    AT BILASPUR                 
                                      WPS No. 7745 of 2024                          
                 1 - Mahesh Kumar Jaiswal S/o Shri Tilak Ram Jaiswal Aged About 45 Years
                 Presently Working As Head Master At Govt. Primary School Gochiya, Block S.
                 Lohara District Kabirdham (Chhattisgarh)                           
                 2 - Smt. Mithila Jaiswal W/o Shri Mahesh Kumar Jaiswal Aged About 39 Years
                 Presently Working As Head Master At Govt. Primary School Jinda, Block
                 Kawardha District Kabirdham, Chhattisgarh                          
                                                             ... Petitioners        
                                            versus                                  
                 1 - State Of Chhattisgarh Through The Secretary, Education Department,
                 Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh
                 2 - Director Public Instructions, Indravati Bhawan, Naya Raipur, District Raipur
                 (Chhattisgarh)                                                     
                 3 - Divisional Joint Director (Education) Durg Division, Durg, District Durg
                 (Chhattisgarh)                                                     
                 4 - District Education Officer Kabirdham, District Kabirdham (Chhattisgarh)
                                                             ---- Respondents       
                 For Petitioners     :    Mr. Manoj Kumar Yadav, Advocate           
                 For State           :    Mr. Ratan Pusty, G.A.                     
                            Hon'ble Shri Justice Rakesh Mohan Pandey                
                                       Order on Board                               
                 29.11.2024                                                         

                                              2                                     
                                             - -                                    
                 1.   The petitioners have filed this petition seeking the following
                      relief(s) :                                                   
                         “10.1That, this Hon’ble Court may kindly be pleased to set 
                         aside the order dated 29.07.2024 (Annexure P/1),           
                         whereby the petitioners have been given seniority in the   
                         Teacher (LB) list as Head Master, Primary School (LB       
                         Cadre).                                                    
                         10.2That, this Hon’ble Court may kindly be pleased to      
                         direct the respondent authorities to keep the petitioners in
                         the final gradation list issued vide order dated 29.08.2023
                         in the situation of 01.04.2022, whereby the petitioners are
                         being given seniority as Head Master, Primary School in    
                         the E-cadre accordingly consider the petitioners as the    
                         promotion post.                                            
                         10.3 That, this Hon’ble Court may kindly be pleased to     
                         grant any other relief as it may deems fit and appropriate.”
                 2.   Mr. Yadav, the learned counsel appearing for the petitioner would
                      submit that the petitioners who are holding the post of Head  
                      Masters, their names have not been shown in the gradation list
                      published on 29.07.2024. He would further submit that the     
                      petitioners may be permitted to make a representation before  
                      respondent No.3 to insert the names of the petitioners in the 
                      gradation list at appropriate position and in turn, the authority
                      concerned may be directed to consider the representation of the
                      petitioners.                                                  
                    3. Learned State counsel submits that in view of limited prayed made
                      by learned counsel for petitioner, he is having no objection. 
                 4.   Taking into consideration the limited prayer made by learned  
                      counsel for the petitioners, this writ petition is disposed of

                                              3                                     
                      reserving liberty in favour of the petitioners to make        
                      representation before respondent No.3 within a period of 15 days
                      from today and in turn, the authority concerned shall consider and
                      decide the representation of the petitioners within a period of 60
                      days from the date of receipt of representation.              
                 5.   With the aforesaid observation(s) and direction(s), the present
                      petition is disposed of.                                      
                                                           Sd/-                     
                                                   (Rakesh Mohan Pandey)            
                                                           Judge                    
         Rekha