Jairam Rathore And Ors vs State Of Chhattisgarh And Ors

P. Sam Koshy, J

The facts of the case are that the petitioners substantively are the employees of Panchayat Department governed by the rules framed under the

Panchayat Raj Adhinium. All the petitioners were initially appointed in the year 2011 on the post of Assistant Teacher (Panchayat). By now they have

all completed more than 10 years of service.

According to the petitioner, they have become eligible for promotion to the post of Teacher (Panchayat). At this juncture, the respondents have

issued an order dated 30.06.2018 whereby it has been held that since the services of the petitioners and the similarly placed persons are likely to be

merged/absorbed with the Education Department on completion of 8 years of service, the Panchayat Department has ordered not to initiate any

promotion process so far as the Assistant Teachers working in the Panchayat Department are concerned. That they would be considered for

promotion after their services get merged/absorbed in the Education Department.

Counsel for the petitioners submits that a situation has arisen where the petitioners neither would be considered for promotion nor would they be

considered for grant of Kramonnati which the petitioners were otherwise entitled for, if they are not promoted on their having the minimum requisite

length of service. It is the further contention of the petitioners that for Assistant Teachers and Teachers in Panchayat Department, the benefit of

Kramonnati is provided on their completion of 7 years of service subject to the petitioners meeting the requirement for promotion to the next higher

post. In the instant case, since the promotions have been withheld, the petitioners may at least be granted the benefit of Kramonnati or else they would

be put to substantial loss and they would also be losing substantially at the time of absorption of their service with the Education Department.

Counsel for the respondent State submits that in a identical writ petition, State Government has already taken a stand that promotions of the

petitioner and similarly placed persons have been kept in abeyance because of the merger of the teachers in the Education department on completion

of 8 years of service.

State counsel submits that the said stand has been taken to avoid further complications at the time of absorption of the services of the petitioners

with the Education Department. He submits that as per the circular dated 02.11.2011, the minimum length of service period for grant of promotion

was 10 years which vide circular dated 17.05.2013 has been modified to 8 years.

Be that as it may, once when it is found that the petitioners fulfill all requisite eligibility criteria for promotion and there are also vacancies available

in the Department, there is no reason why the petitioners should not be considered for promotion. If as a policy decision the State Govt. has taken a

stand for differing the promotion process in the light of the absorption of the services of the petitioners to the Education Department, this Court is of

the firm view that for the intervening period, the petitioners should not be deprived of at least their claim for Kramonnati for which provided they are

entitled for in accordance with the rules, regulations and procedures as contended by the petitioners.

In view of the same and in the light of the submissions made by the counsel for the State in their reply, the writ petitions are disposed of with a

direction to the respondents to consider the claim of the petitioners for grant of Kramonnati if they are otherwise entitled for the same, as they have

taken as a policy decision not to grant promotion to the petitioners as of now. The respondents would consider the case of each of the petitioners

subject to their fulfilling the eligibility criteria required for grant of Kramonnati. Let this exercise be completed within a period of 4 months from the

date of receipt of copy of this order.