C L CHANDRAKAR Vs. STATE OF C G

JUDGEMENT

(1.) The petitioners, by this petition, seek a direction to the respondents to absorb the petitioners in the School Education Department in accordance with the policy decision taken in the year 1995 (Annexure P/l to P/5) and accordingly, they may be granted seniority and promotion on the higher posts and their names may be included in the gradation list of Assistant Teachers/Upper Division Teachers.

(2.) Facts in brief, as proj ected by the petitioners are that the petitioners were initially appointed in the Tribal Welfare Department and subsequently in accordance with the policy decision, all the schools run by the Tribal Welfare Department were transferred to the School Education Department and the staff working in these schools was transferred on deputation to the School Education Department. Pursuant to the order dated 15.5.1995 (Annexure P/7), the petitioners were sent on deputation to the School Education Department and since then they have been working on the respective posts i.e. Upper Division Teacher/Head Master/Assistant Teacher. In accordance with the memo dated 13.01.1995 (Annexure - P/2) and memo dated 18.03.1995 (Annexure P/l) all the 174 schools, situated in Tribal Blocks run by the School Education Department were transferred to the Tribal Department and likewise 285 schools, situated in non-Tribal blocks run by the Tribal Department were transferred to the School Education Department. According to the petitioners, since they were working in various schools run by the Tribal Department situated in non-Tribal blocks, their schools were transferred to the School Education Department and the services of the staff working in those schools, including the petitioners were sent ondeputation to the School Education Department. Thereafter, necessary required steps were taken by letters, memos dated 29.09.2000 (Annexure P/3), 28.6.2001 (Annexure P/4) and 23.01.2006 (Annexure P/5).

(3.) Shri Manoj Paranjpe, learned counsel appearing for the petitioners would submit that after sending the petitioners on deputation from the Tribal Department to the School Education Department, the petitioners have been absorbed in the School Education Department and their seniority etc. are maintained in the new department, as is evident from the gradation lists (Annexure P/8 and P/9), showing the position as on 01.04.2004 and 01.04.2008. But in the subsequent gradation list (Annexure P/l 0) the names of the petitioners were not included as the petitioners are not treated as employees of the School Education Department. Learned counsel would further submit that the apprehension of the petitioners get support from the fact that in the Tribal Department, some of the Upper Division Teachers, who were sent on deputation from the School Education Department, earlier whose names were included in the gradation list 01.04.20003 (Annexure P/l 1) but in the subsequent gradation list 31.12.2003 (Annexure P/l 2) their names were deleted. The action of the respondents is contrary to their own memos, orders and guidelines. The petitioners were given time bound promotion (Annexure P/l 4) in the School Education Department, which shows that the petitioners are employees of the School Education Department. Thus, the petitioners are entitled to seniority from the date of their initial appointments and further entitled to promotion on the next higher posts. Being aggrieved, the petitioners made representations (Annexure P/l 6) but of no avail.