Sona Sahu vs State Of Chhattisgarh

Ramesh Sinha, CJ

Challenge in this petition is to the order dated 15.03.2023 passed by the learned Single Judge in WPS No. 3773/2022 whereby the petition filed by the appellant/petitioner was dismissed wherein the appellant had prayed for quashing of the order dated 22.04.2022 issued by the respondent No. 4 by which her placement in the gradation list was decided as per the guidelines provided in paragraphs 3, 4 and 5 of the said order.

The appellant, appearing in person would submit that she was initially appointed as Shiksha Karmi, Grade III at Janpad Panchayat Sonhat, District Koria, on 29.07.2005. She joined her services on 01.08.2005. On 21.05.2007, the Department of Panchayat and Gramin Development of Chhattisgarh issued transfer policy with regard to the Shiksha Karmis. On 30.06.2009, the appellant, who was working as Shiksha Karmi Grade III, at Primary School Bihidand, Janpad Panchayat Sonhat, District Koria, was transferred to Primary School, Narayanpur, Janpad Panchayat, Ramanaujnagar, District Surguja. The School Education Department, Government of Chhattisgarh, issued an order dated 20.07.2018 with regard to merger of Teacher (Panchayat/Local Body Cadre) in the School Education Department which provided that the seniority would be determined as per the instructions issued by the General Administration/Department. The appellant made a representation on 04.02.2022 to the District Education Officer, Surajpur praying that her name should be shown in the final gradation list as per her initial appointment i.e. on 29.07.2005. She also made a representation to the Joint Director, Public Instructions, Ambikapur praying that she should be placed just below the employee at serial No. 445 of the gradation list instead of serial No. 1787. Thereafter, final gradation list was published for the Assistant Teacher (LB) ‘E’ Samvarg wherein the name of the appellant was mentioned at serial No. 1787 on the ground that she had been transferred from one place to another. The said gradation list was challenged in WPS No. 1409/2022 wherein the learned Single Judge, vide order dated 02.03.2022 directed the competent authority to consider and decide her representation/objection to the gradation list dated 11.02.2022 in accordance with law, within a period of 30 days from the date of receipt of a copy of the order. Accordingly, the appellant submitted a representation on 18.04.2022 to the respondent No. 4. In compliance of the order of the learned Single Judge, the Joint Director, Public Instructions, Ambikapur, by order dated 22.04.2022, decided the representation of the appellant stating that her placement in the gradation list was made as per the guidelines stated at paragraph 3, 4 and 5 of the said order. The net result of the said order dated 22.04.2022 was that the claim of the appellant was rejected. The appellant again challenged the said order before the learned Single Judge, which was dismissed and accordingly, the order of the learned Single Judge is put to challenge in this appeal.

Appellant, appearing in person would submit that alongwith her writ petition, number of other writ petitions raising similar grievances were decided by the learned Single Judge vide order dated 15.03.2023. She would submit that she had initially joined the services on 29.07.2005 and her present placement in the gradation list should also be according to her initial date of appointment. The learned Single Judge failed to consider to take note of service rules framed by the State Government of Madhya Pradesh, General Administration Department, which was published in the Gazette on 04.08.1961. She was transferred from District Koria to District Ambikapur on the basis of transfer policy dated 21.08.2007 framed by the State Government, which does not mention any condition about the determination of the seniority in transfer order dated 30.06.2009. She would also submit that the learned Single Judge has misinterpreted clause 9 of the order dated 06.07.2018. She would contend that she was initially appointed at Block Sonhat, District Koria and transferred to Narayanpur, Janpad Panchayat Ramanujgar, District Surguja which is from one rural body to another rural body. Had it been a case that the appellant was transferred from rural body to urban body, her seniority could have been determined according to the urban body which is not the case here. She would lastly submit that the final gradation list would not be binding upon the appellant till her objection is resolved.

On the other hand, Mr. Chandresh Shrivastava, learned Additional Advocate General appearing for the State/respondents would submit that the order passed by the learned Single Judge is quite a detailed one dealing with each and every aspect of the matter. The same warrants no interference. Even if the transfer is made from one rural body to another, but if there is change in the Janpad Panchayat or District and the transfer has been made as per the choice of the employee, then he/she cannot claim seniority in another Janpad Panchayat/District from the date of his initial appointment in his/her previous Janpad Panchayat/District.

From perusal of the order under challenge, it appears that the learned Single Judge has gone into all the aspects of the matter. The learned Single Judge has taken note of the policy decision taken by the State of Chhattisgarh on 30.06.2018 absorbing all the Shiksha Karmi GRAde-III, II and I with certain conditions. He has also taken note of order dated 06.07.2018 and the circular dated 04.02.2022 with regard to fixing of the seniority of Shiksha Karmis who have been transferred from one Block to another Block or one District to another District. Clause 7 of the circular dated 04.02.2022 clearly provides that the seniority of Shiksha Karmis would be counted from the date of their joining on the place of transfer. Clause 9 of the order dated 06.07.2018 also specifically provides that those Shiksha Karmis who have been transferred and posted on their own request at the place of their choice, and not as desired by the employer, then their seniority will be counted from the date on which they are posted at the place of their choice.

The appellant/petitioner was initially appointed in Block Sonhat, District Koria, on 29.07.2005 and she was transferred to Narayanpur, Janpad Panchayat Surajpur, District Surguja (now District Surajpur). The said transfer was made on the request of the appellant as per her choice and was not made on administrative grounds. The said fact is evident from the order dated 30.06.2009 itself where its is clearly mentioned that since the transfer of the appelant (alongwith three others) was being made on their own request, they were not entitled to any Travelling Allowance. Hence, the contention of the appellant that her seniority in the gradation list should be counted from the initial date of appointment is noticed to be rejected as her seniority is bound to change as the gradation list for each Janpad Panchayat/District is maintained separately. When the transfer was made on her own request at the place of her own choice, she cannot be placed above the persons who are already working there even if their initial appointment is after the appointment of the appellant. Had it been a case of transfer on administrative grounds, she could have been given placement in the gradation list as per her initial date of appointment which is not the case here. Her placement is to be given only as the junior most candidate in that District/Janpad Panchayat and for the purpose of gradation list, her seniority would also be counted accordingly.

The reasons given and the findings arrived at by the learned Single Judge, in our view, is just and proper, warranting no interference.

Accordingly, this appeal fails and is dismissed.

The office is directed to send a copy of this judgment to the appellant appearing in person, for necessary information.