1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 521 of 2022
Dayal Singh S/o Late J. P. Singh Aged About 43 Years Posted At Govt.
Higher Secondary School, Indurai, Kawardha, District : Kawardha
(Kabirdham), Chhattisgarh
---- Appellant
Versus
1. State of Chhattisgarh Through Principal Secretary, Department of
School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar,
Raipur, District : Raipur, Chhattisgarh
2. The Directorate of Public Education Chhattisgarh, Indrawati
Bhawan, Block-3, First Floor, New Raipur Atal Nagar Raipur,
District : Raipur, Chhattisgarh
3. Chhattisgarh Public Service Commission Through Its Secretary,
Shankar Nagar Road, Bhagat Singh Square, Raipur (C.G.)
4. Pramod Kumar Shukla S/o Shri Ram Khilawan Shukla Aged About
51 Years Lecturer, Posted At Govt. Naveen Girls Higher Secondary
School, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
5. Sunil Kumar Keshri S/o Late M.L. Keshri Aged About 53 Years
Lecturer, Posted At Govt. High School, Baiharsari, Kawardha,
District : Kawardha (Kabirdham), Chhattisgarh
6. Thakur Prasad Nayak S/o Shri Baldau Prasad Nayak Aged About
46 Years Lecturer, Posted At Govt. Higher School, Maharajpur,
Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System) For Appellant : Mr. Neeraj Choubey Advocate For Respondents No. 1 & 2 : Mr. Jitendra Pali, Deputy Govt. Advocate For Respondent No.3 : Mr. Anand Mohan Tiwari, Advocate Hon'ble Shri Arup Kumar Goswami, Chief Justice Hon'ble Shri Deepak Kumar Tiwari, Judge Judgment on Board Per Arup Kumar Goswami, Chief Justice 21.09.2022 Heard Mr. Neeraj Choubey, learned counsel for the appellant. Also heard Mr. Jitendra Pali, learned Deputy Government Advocate, appearing for respondents No.1 & 2 and Mr. Anand Mohan Tiwari, learned counsel, 2 appearing for respondent No.3. Mr. Manoj Paranjpe and Mr. Arvind Dubey, learned counsel, appearing on behalf of the intervenors are present.
2. This writ appeal is presented against an order dated 19.07.2022 passed by the learned Single Judge in Writ Petition (S) No.721 of 2021, whereby the writ petition was disposed of directing to convene Departmental Promotion Committee ('DPC') to consider promotion to the post of Principal from Lecturer expeditiously in accordance with law.
3. The request made by the intervenors to intervene in the matter was declined on the ground that they would not be adversely affected by the relief claimed in the writ petition.
4. The writ petition was filed by five writ petitioners and the present appeal is preferred by only one writ petitioner.
5. In this writ appeal, prayer is made that the respondents are to be directed to consider the case of the appellant for promotion to the next higher post before convening DPC for considering the cases of the Additional Block Education Officer.
6. In the context of the prayer made in this appeal, it will be appropriate to take note of the prayers made in the writ petition :
"I. That,this Hon'ble Court may kindly be pleased to issue writ (s) / order (s) / direction (s) against the respondent's authority by directing them to 3 immediately convene the meeting of the D.P.C. for consideration the case of the petitioners for promotion on the post of principal from his due dates and also direct them to grant all the consequential services benefits from its due date, i.e. January 2016 in accordance with law.
II. That the Hon'ble court may kindly be pleased to issue appropriate writ's/order's / direction's/ relief's which this Hon'ble Court may think fit and proper in the facts and circumstances of the case."
7. When the prayer as made in the present appeal was not a relief prayed for in the writ petition, it cannot be countenanced that the learned Single Judge has committed wrong in not considering the prayers made in this writ appeal.
8. The appellant has projected a different case in this writ appeal. Therefore, in our considered opinion, no interference is called for with the order passed by the learned Single Judge and accordingly, the writ appeal is dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Deepak Kumar Tiwari)
Chief Justice Judge
Anu