Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:11067
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1646 of 2025 1 - Mukesh Thawait S/o Ram Kumar Thawait Aged About 32 Years R/o Behind D.D. Plaza, Janjgir, District Janjgir Champa Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh. 2 - Director Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh. 3 - Joint Director Sarguja Education Division Ambikapur, District Sarguja Chhattisgarh. 4 - District Education Officer Jashpur, District Jashpur Chhattisgarh. ... Respondents For Petitioner(s) : Mr. Shashi Kumar Kushwaha, Advocate For Respondent(s) : Mr. Soumitra Kesharwani, Panel Lawyer SB: Hon'ble Shri Justice
Amitendra Kishore Prasad
Order on Board 06/03/2025
1. By way of this writ petition, the petitioner has prayed for following reliefs:
“10.1. That, the Hon'ble Court may kindly be pleased to direct the respondent to consider the case of the petitioner for joining on the post of Teacher to which he was selected and SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 appointment order was also issued, in the interest of justice . 10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Learned counsel for the petitioner submits that the respondents have issued an advertisement inviting applications for the post of Assistant Teacher and Teacher on 04.05.2023 and the petitioner had applied for the same. Thereafter, after completing the recruitment procedure, the petitioner was selected for the post of both Teacher and Assistant Teacher and subsequently, appointment order for the post of Assistant Teacher was issued on 22.09.2023 with a condition in the appointment order to join the said services on or before 04.10.2023 failing which, the appointment order of the petitioner would stand canceled. 3. He submits that at the first instance, the petitioner had joined the services for the post of Assistant Teacher and at that time, the appointment order dated 03.10.2023 for the post of Teacher was also issued with a condition to join the said service on or before
10.10.2023. He submits that the petitioner could not join the service for the post of Teacher due to some difficulty and he has joined the services of Assistant Teacher. 4.
He however, submits that the petitioner was working on the post of Assistant Teacher, but the petitioner was having the qualification of B.Ed and thereafter, as per the orders passed by this Hon’ble Court, the appointment for the post of Assistant Teacher stood canceled and vide order dated 10.01.2025, the
3 petitioner was removed from his services for the post of Assistant Teacher. He submits that since the petitioner was also selected for the post of Teacher and was also possessing the qualification as required for the said post, he may be permitted to join the post of Teacher. He submits that the petitioner in respect of his pleadings as made in this petition, has submitted a representation (Annexure P/6) before the respondent authorities but till date, no decision has been taken by the respondents and therefore, direction may be issued to the respondents to take decision on the representation submitted by the petitioner at the earliest. 5. On the other hand, learned counsel appearing for the Respondents/State opposes the said submissions made by the counsel for the petitioner and would submit that as the petitioner is not pressing this writ petition on merits and is only seeking direction to the respondents to take decision on the representation dated 09.01.2025 (Annexure P/6), he is having no objection. He however submits that the representation has been submitted by the petitioner only on 09.01.2025 (Annexure P/6), if it is still pending consideration, it will be considered in accordance with law. 6. I have heard learned counsel for the respective parties and perused the documents placed on record. 7. Taking into consideration the facts and circumstances of the case, submission of the counsel for the respective parties in particular, as stated by the counsel for petitioner, the said representation is
4 still pending consideration.
In the aforementioned facts of the case, instead of keeping this writ petition pending, seeking reply from the respondents, it will be in the interest of the parties to dispose of this writ petition with a direction to the concerned respondent authorities to take decision on the representation dated 09.01.2025 (Annexure P/6) submitted by the petitioner in accordance with law expeditiously, preferably within a period of 02 months form the date of receipt of the order. It is ordered accordingly. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/-d/-
(Amitendra Kishore Prasad) Judge Dey