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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1279 of 2024
• Smt. Ranjita Patel W/o Shri Jalaj Kumar Patel Aged About 43 Years
Working As Head Master And Posted At Govt. Primary School
Nirashritpara, Block Wadrafnagar, District : Balrampur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, School Education
Department, Mahanadi Bhawan, Atal Nagar, Mantralaya New Raipur,
District : Raipur, Chhattisgarh
2. The Director Public Education Indravati Bhawan, Atal Nagar,
Mantralaya New Raipur, District : Raipur, Chhattisgarh
3. The Collector Balrampur, District : Balrampur, Chhattisgarh
4. The District Education Officer Balrampur, District : Balrampur,
Chhattisgarh
5. The Block Education Officer Block Wadrafnagar, District : Balrampur,
Chhattisgarh
---- Respondents
WPS No. 1283 of 2024
1. Smt. Melani Beck S/o Lourens Beck Aged About 50 Years Working
As Head Master (Primary School) And Promoted At Government
Primary School, Langadi, Block Wadrafnagar, District Balrampur-
Ramanujganj, C.G.
2. Shivprasad Parsiya S/o Ramnarayan Aged About 48 Years Working
As Head Master (Primary School) And Promoted At Girls Primary
School, Pandopara Karamdiha (K), Block Wadrafnagar District-
Balrampur-Ramanujganj, Chhattisgarh.
3. Maheshwar Singh S/o Jaklu Sai Aged About 46 Years Working As
Head Master (Primary School) And Promoted At Government
Primary School, Khukhadipani, Block Wadrafnagar District-
Balrampur-Ramanujganj, Chhattisgarh.
4. Basant Kumar S/o Kanhai Thakur Aged About 51 Years Working As
Head Master (Primary School) And Promoted At Government
Primary School, Kothitad Marma, Block Ramchandrapur District-
Balrampur-Ramanujganj, Chhattisgarh.
5. Smt. Chintamani W/o Patar Kujur Aged About 45 Years Working As
Head Master (Primary School) And Promoted At Government
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Primary School, Baidhi, Block Rajpur District- Balrampur-
Ramanujganj, Chhattisgarh.
---- Petitioners
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of School
Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur,
District : Raipur, Chhattisgarh
2. Director Directorate Of Public Instruction, Indrawati Bhawan, Atal
Nagar Naya Raipur, District : Raipur, Chhattisgarh
3. Joint Director Education Division Surguja (Ambikapur), District :
Surguja (Ambikapur), Chhattisgarh
4. Collector District Balrampur-Ramanujganj, Chhattisgarh.
5. District Education Officer Balrampur-Ramanujganj, District
Balrampur-Ramanujganj, Chhattisgarh.
6. Block Education Officer, Wadrafnagar District Balrampur-
Ramanujganj, Chhattisgarh.
7. Block Education Officer, Rajpur District Balrampur-Ramanujganj,
Chhattisgarh.
8. Block Education Officer, Ramchandrapur District Balrampur-
Ramanujganj, Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. Dashrath Kushwaha, Advocate
Mr. Govindra Dewangan, Advocate
For State : Mr. S.P. Kale, Addl. A.G.
Hon'ble Shri Justice Arvind Singh Chande l
ORDER ON BOARD
29 / 02/2024
1. Since, the issues involved in this bunch of writ petitions are common,
the same are being heard and disposed of finally by this common
order.
2. Challenge in these writ petitions is to the impugned order, whereby
respondent-authority without canceling the posting order of the
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petitioners directed them to appear in the counseling for fresh place
of posting.
3. Relevant facts for disposal of these writ petitions is that some of the
petitioners have filed petitions before this Court challenging the order
dated 20.10.2022, whereby Collector Balrampur, Ramanujganj has
cancelled the promotion order and directed to do promotion through
counseling. This Court stayed the order dated 20.10.2022 holding
that the Collector has no authority to cancel the promotion order
issued by the Competent-Authority. Thereafter, the Collector clarified
the factual matrix vide its memo/order dated 25.10.2022 that
promotion order has not been cancelled, only the posting of
promoted Headmasters has been cancelled. Subsequently, the
Collector has cancelled his earlier order and on the very day, the
District Education Officer (DEO) constituted five-members
Counseling Committee for posting of the promoted Headmasters,
which was also clarified by State Government that the Committee
constituted by DEO is only for considering the posting of the
Headmasters, who have promoted vide order dated 14.10.2022.
4. Learned counsel for the petitioners in all petitions submits that
pursuant to order dated 14.10.2022, petitioners herein have already
joined their promoted place of posting as Headmaster and, therefore,
case of the petitioners herein is also squarely covered with
order/judgment dated 26.07.2023 passed by Co-ordinate Bench of
this Court in WPS No.5166 of 2023 (Smt. Subhagini Lakda Vs. State
of Chhattisgarh and Ors.), wherein the Court has clarified the fact that
the assistant teachers, who have already promoted and joined their
promoted place of posting, their original institution shall be
considered as promoted place. Hence, it is prayed that this writ
petition may also be disposed of in the light of decision of Smt.
Subhagini Lakda (supra).
5. Learned State Counsel fairly admitted that case of the petitioners
herein is also squarely covered with case of Smt. Subhagini Lakda
(supra) .
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6. Heard learned counsel for the respective parties, perused the writ
petitions and also gone through the case of Smt. Subhagini Lakda
(supra).
7. Relevant para of case of Smt. Subhagini Lakda (supra) reads as
under:-
“5. It is clarified that the direction issued by the Block
Education Officer on 27.06.2023 will not be applicable to the
case of the petitioner as he has already promoted and joined.
It is also made clear that the assistant teachers who have
already promoted and joined in their promoted post, their
original institution shall be considered as promoted place and
rest of the assistant teachers who have not joined the place
after promotion, their principal institution will be treated the
institution where they are working as Assistant Teacher.”
8. From the pleadings made in these writ petitions, it is quite vivid that
petitioners herein have also joined their promoted place of posting as
Headmaster pursuant to order dated 14.10.2022 and, therefore, case
of the petitioners is squarely covered with case of Smt. Subhagini
Lakda (supra). Thus, direction issued to the petitioners by the
concerned District Education Officer/Block Education Officer
regarding participation in the counseling proceedings for their posting
is not applicable to them.
9. Considering facts of the case, grounds raised in writ petition, nature
of relief, submissions of learned counsel for the respective parties
that case of petitioners herein is also identical to the case of Smt.
Subhagini Lakda (supra), it would be appropriate to dispose of these
writ petitions in the light of decision of Smt. Subhagini Lakda (supra).
10. Accordingly, all the above writ petitions are disposed of at this stage
in the similar terms and observations made by co-ordinate Bench of
this Court in case of Smt. Subhagini Lakda (supra). However,
respondents-authorities are directed to verify the facts before taking
any final decision in case of the petitioners.
Sd/-
(Arvind Singh Chandel)
JUDGE
ved