Authorities directed to decide the petitioner’s fresh seniority representation in accordance with law.

The petitioner, a teacher posted at Government Middle School, Bhusrenga, District Dhamtari, filed a writ petition seeking re-fixation of his seniority from his initial date of joining, placement at the appropriate position in the gradation list, and consequential benefits including consideration for promotion and pay fixation.

During the hearing, the petitioner’s counsel requested permission to submit a fresh representation before the competent authorities and sought a direction for its consideration and disposal in accordance with law.

The State counsel raised no objection to the limited relief sought.

Whether the petitioner should be permitted to submit a fresh representation regarding re-fixation of his seniority and consequential service benefits.

Whether the respondent authorities should be directed to consider and decide the petitioner’s representation in accordance with law, without the High Court adjudicating the merits at that stage.

The Court applied the procedural principle that, where a petitioner elects to pursue an administrative remedy by submitting a representation to the competent authority, the writ petition may be disposed of by granting liberty to make such representation and directing the authority to consider and decide it in accordance with law.

The Court expressly refrained from making any observation on the merits of the petitioner’s claim.

No specific statutory provision or judicial precedent was cited or relied upon in the order.

The petitioner’s substantive grievance concerned correction of his seniority and consequential service benefits, but, after hearing the matter, he limited his request to pursuing a fresh representation before the respondent authorities.

Since the State had no objection, the Court considered it appropriate not to examine the merits of the seniority claim in the writ proceedings at that stage.

It therefore granted liberty to the petitioner to approach the competent authorities and directed them to consider and decide the representation in accordance with law.

The petitioner was granted liberty to submit a fresh representation to the respondent authorities concerning his seniority and related benefits, and the authorities were directed to consider and decide the same in accordance with law.