1. Petitioner has filed this writ petition seeking following reliefs:-
10.1 This Hon'ble Court may kindly be pleased to direct the respondent state to reckon the services of the petitioners from initial of appointment, for the purpose of notional promotion as per the circular dated 05.07.2007, thereby granting benefits from initial date of appointment.
10.2 This Hon'ble Court, in the alternate, may kindly permit the Petitioner to submit fresh representation and direct the respondent state to decide the representation of the petitioner in light of the order passed by the Hon'ble Court of this Hon'ble Court in the case of WPS No.834/2018 Shyam Lal Nayak & Ors Vs. State of Chhattisgarh order dated 06.01.2025 within the stipulated time as this Hon'ble court may deem fit.
10.3 This, Hon'ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ writ(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners.
2. Learned counsel for petitioner submits that petitioner was appointed as Teacher in the year 1982. Subsequently, his services were discontinued and pursuant to the order passed by State Administrative Tribunal, petitioner was again engaged in services. He submits that petitioner has made several requests for counting his service which the petitioner raised prior to the appointment made in the year 1998, however, his claim/request has not been considered. He further submits that similarly situated teachers have approached this Court by filing of a writ petition bearing WPS No. 834 of 2018 which was allowed vide order dated 06.01.2025. Case of petitioner is also covered with the said decision and, therefore, similar relief may be granted.
3. Learned counsel for State submits that appointment order of petitioner is not enclosed, so as to verify the date of appointment and conditions of appointment.
4. At this stage, learned counsel for both the parties joindly submits that the identical issue has already been consisdered and decided by this Court in Shyam Lal Nayak & Ors. Vs. State of Chhattisgarh in WPS No. 834/2018 and as such this case may be decided in terms of the said order.
5. In case of Shyam Lal Nayak (supra) following observations have been made in para 5 and 6:-
"5. The appointment order dated 30.12.1997, particularly Clause-Il reveals that earlier services of the petitioners were considered, and it was stipulated that they would not be entitled to receive the salary for that period. This indicates that the earlier services rendered by the petitioners may be counted for all purposes except salary. Respondent no. 1, however, rejected the representations made by the petitioners without considering Clause-ll of the appointment order dated 30.12.1997. Consequently, Annexure P/1 is not sustainable and is hereby quashed.
6. The respondent authorities are directed to consider the claims of the petitioners regarding pensionary benefits counting their earlier services, in accordance with the appointment order dated 30.12.1997."
6. On due consideration of submission made by learned counsel for the respective parties, considering the facts and circumstances of the case and nature of grievances raised in this writ petition, I find it appropriate to dispose of this writ petition at this stage permitting petitioner to submit fresh representation raising all the grievances as raised in this writ petition before respondent no. 2 and 3 and in the event such representation is submitted, concerned authorities shall consider and take decision on the claim of petitioner in the light of order passed in case of Shyam Lal Nayak (supra), after verifying the facts within a further period of 03 months from the date of receipt of this Order.
7. With the aforesaid observation and direction, this writ petition is disposed of.
