SHYAM LAL DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 30.08.2008 (Annexure P-3), whereunder, the promotion of the petitioner to the post of Upper Division Teacher on revised pay scale of Rs. 5000-150-18,000/- was canceled without affording proper opportunity of hearing.

(2.) Shri Verma, learned counsel appearing for the petitioner submits that the petitioner was promoted on the post of Upper Division Teacher vide order dated 18.08.2008 (Annexure P-1) and thereafter, he was posted in Government Middle School Bendra Navagaon on 22.08.2008, as is evident from the application (Annexure P-2) for joining new place of posting. Promotion of the petitioner was canceled subsequently by order dated 30.08.2008 (Annexure P-3) observing that the petitioner did not come within the zone of seniority and, as such, his promotion order was canceled. It is further submitted that other teachers, who are junior to the petitioner, namely Yashwant Kumar Sahu, Shankar Lal Dewangan, G.C. Gohil and Champa Chandrakar, continuing in the promotional post. The petitioner was appointed on 24.09.1982 and he joined Dhamtari in the year 1995 and the order of appointment of Yashwant Kumar Sahu, Shankar Lal Dewangan and G.C. Gohil was in 1985 and Champa Chandrakar was in 1989. They also joined their posting at Dhamtari after the petitioner had joined.

(3.) The only contention of challenge to the impugned order dated 30.08.2008 (Annexure P-3) is that the petitioner was not afforded an opportunity of hearing before canceling the promotion order.