Teacher’s August Transfer Alone Doesn’t Establish Right to April Bilaspur Gradation List; Chhattisgarh HC Orders Decision Within 45 Days

The petitioner, an Assistant Teacher (L.B.), was initially appointed as Shiksha Karmi Varg-III on 30 September 2008 and her services were absorbed into the School Education Department on 1 July 2018. She challenged her omission from the final gradation list prepared as on 1 April 2026, despite a recommendation by the Block Education Officer, and sought inclusion at the appropriate place and consideration for promotion.

In response to the Court’s direction, the District Education Officer stated that she was not borne on the Bilaspur district establishment on the relevant date. She had been transferred from Surguja to Bilaspur in August 2026 and joined there after the gradation-list date; the recommendation concerning her inclusion had been referred to the Directorate of Public Instructions for guidance.

The Court identified no specific statutory provision, service rule, or precedent as the basis for its decision. It applied the principle that a later transfer does not, by itself, establish a legal obligation to include an employee in a gradation list prepared with reference to an earlier date; the applicable service rules and relevant facts govern the employee’s claim.

The competent authority must consider the claim and recommendation in accordance with law and provide a reasoned decision.

The gradation list reflected the position as on 1 April 2026, while the petitioner’s transfer to and joining in Bilaspur occurred in August 2026. The Court found no material establishing that the applicable service rules required her inclusion in Bilaspur’s list despite not being borne on that district’s establishment on the relevant date. Her later transfer therefore did not, on its own, establish entitlement to inclusion from the earlier date.

However, the Block Education Officer’s recommendation remained for consideration by the competent authority, and the District Education Officer had stated that the matter was referred to the Directorate for guidance.

It disposed of the petition, directing the respondent authorities to take appropriate steps and issue a reasoned decision on her claim in accordance with law within 45 days. The petitioner may approach the appropriate forum if her grievance survives.