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2022 DAILYLAW 684 (CHH)

HORILAL BHARATI v. STATE OF CHHATTISGARH

WPS/6538/2022 · 2026-04-26

Shri Rakesh Mohan Pandey

body2022

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6538 of 2022 1 - Horilal Bharati S/o Shri S. R. Bharati Aged About 57 Years R/o Village Charpara, Tehsil Malkharouda, District : Sakti, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Under Secretary Department Of School And Education, Mahanadi Bhawan, Naya Raipur, P O And P. S. Rakhi, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions Indrawati Bhawan, 3rd Floor, Raipur, District : Raipur, Chhattisgarh 3 - Collector Sakti, District : Sakti, Chhattisgarh 4 - District Education Officer Sakti, District : Sakti, Chhattisgarh --- Respondent(s) For Petitioner : Mr. Ashutosh Mishra, Advocate For State : Mr. Anmol Sharma, PL Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 27.04.2026 1) By way of this petition, the petitioner has sought following reliefs:- “10.1 This Hon'ble Court may be pleased to quash/set aside the order dated 06.10.2022 (Annexure P/1) issued by Under Secretary Department of School Education, in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue his services at deputed place. 10.3 This Hon'ble Court may kindly be pleased to grant any other writ/ writs, order/ orders, relief/ reliefs 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 petitioner.” 2) Mr. Mishra, learned counsel appearing for the petitioner would submit that at the relevant time, the petitioner, who was holding the post of Principal in Government Higher Secondary School, Amandula, 2 Malkharouda, District Sakti was sent on deputation vide order dated 12.04.2022 to Swami Atmanand Utkrisht English Medium Vidyalay Malkharouda, Block Malkharouda, District Sakti (C.G.). He would contend that said order of deputation was withdrawn vide order dated 06.10.2022 and services of the petitioner were repatriated to his substantive post. He would further contend that by virtue of interim order granted in favour of the petitioner on 21.10.2022, he is still discharging duties of Principal of Swami Atmanand Utkrisht English Medium Vidyalay. He would submit that the petitioner has already completed a period of four years of service on deputation at Swami Atmanand Utkrisht English Medium Vidyalay Malkharouda, therefore, the petitioner may be permitted to make a representation before respondent No.1 making prayer to allow him to continue on the said post. 3) On the other hand, learned State counsel would oppose the submissions. He would submit that the petitioner has completed four years of service on deputation at Swami Atmanand Utkrisht English Medium Vidyalay Malkharouda and his services cannot be extended further more at said place. He would further submit that by efflux of time, this petition has become infructuous, thus, this petition deserves to be dismissed. 4) I have heard the learned counsel appearing for the parties and perused the documents placed on record. 5) Admittedly, the petitioner, who was posted as Principal, Government Higher Secondary School, Amandula, Malkharouda, District Sakti was sent on deputation to Swami Atmanand Utkrisht English Medium 3 Vidyalay vide order dated 12.04.2022. The said order was withdrawn vide order dated 06.10.2022 by respondent No.1, which has been challenged in the instant petition and an interim order was passed in favour of the petitioner on 21.10.2022. By virtue of the interim order, the petitioner is still working on the post of Principal, Swami Atmanand Utkrisht English Medium Vidyalay Malkharouda but at the same time, the period of deputation i.e. four years has been expired. 6) Taking into consideration the above-discussed facts, this petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No.1 seeking extension of deputation period and in turn, the said authority is directed to decide the representation so made by the petitioner within a period of 45 days from today. The interim order granted earlier shall continue for a period of 45 days only. 7) With the aforesaid observation(s) and direction(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Rekha