MAHESHWARI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners by this petition impugn the transfer policy of Shiksha Karmis contained in circular dated 27. 10. 2005 (Annexure P/3), issued by the Principal Secretary, government of Chhattisgarh, Panchayat and Social Welfare department, Raipur, whereby superceding earlier guidelines, fresh guidelines have been issued for transfers of Shiksha karmis and it has been decided that the Shiksha Karmis who are transferred from one Janpad Panchayat to another Janpad panchayat on their own request, shall be junior in their category at the transferred Janpad Panchayat.

(2.) THE facts, in nutshell are that, the petitioners were appointed as Shiksha Karmi Grade III in the year 1998 in janpad Panchayat Pithora and Bagbahara, District Mahasamund. The services of the petitioners were regularized in the year 2002. The petitioners were transferred from Janpad Panchayat pithora/bagbahara to Janpad Panchayat Mahasamund, on their own request, in accordance with existing transfer policies dated 21. 04. 2003, 14. 05. 2003, 13. 02. 2004, 09. 03. 2004 and 19. 10. 2004.

(3.) LEARNED counsel appearing for the petitioners submits that the respondents have not taken into consideration the names of the petitioners for promotion from the post of shiksha Karim Grade III to Shiksha Karmi Grade II and their juniors have been promoted to Shiksha Karmi Grade II without impleading them as party respondents. He further submits that when the petitioners were transferred from Janpad panchayat Pithora/bagbahara to Janpad Panchayat Mahasamund, there was no specific direction regarding their seniority in the transferred Janpad Panchayat and further, circular dated 27. 10. 2005 (Annexure P/3) was not in existence at that point of time also, therefore the petitioners ought to have been promoted to the post of Shiksha Karmi Grade II.