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2025 DAILYLAW 15551 (CHH)

SATYENDRA NATH DWIVEDI v. STATE OF CHHATTISGARH

WPS/2785/2021 · 2025-07-16

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:33552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2785 of 2021  Satyendra Nath Dwivedi S/o Shri Onkarnath Dwivedi Aged About 61 Years R/o Wadrafnagar, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Principal, Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Director Public Instructions, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. District Education Officer Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. T.K. Jha, Advocate For State : Mr. Pramod Shrivastava, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17. 07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records relating to this case. 10.2 That, this Hon’ble Court may kindly be pleased to allow the petition and direct the respondents to appoint the petitioner on the post of lecturer (trade diary framing) from his initial date of appointment i.e. 26.11.1990 and also direct the respondents to give the petitioner all financial and other benefits. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.18 18:52:15 +0530 2 10.3 That any other relief, which this Hon’ble Court may deem fit and proper together with cost of the petition.” 2. Learned counsel for the petitioner would submit that the petitioner was working as a part-time vocational lecturer under respondent No. 3 since 26.11.1990. He would further submit that the age of the superannuation of the petitioner has already crossed. He would also submit that earlier writ petitions were filed seeking direction to the respondent authorities to consider his name for regularization, and one such petition i.e. WPS No. 655 of 2005, was dismissed being rendered infructuous as the petitioner was not in continuous service as a part time teacher. He would contend that WPS No. 83 of 2020 was filed wherein it was stated that though the petitioner was rendering a full-time job, but his services have not been regularized, and a representation was moved before respondent No. 1 on 09.04.2018. He would further contend that a direction was issued to respondent No. 1 to decide the representation within a period of 6 months vide order dated 08.01.2020. Mr. Jha would further contend that respondent No. 1 has rejected the representation vide order dated 22.10.2022 (Annexure P/1). It is further stated that the order Annexure P/1 may be quashed and a direction may be issued to the respondent authorities to consider the claim of the petitioner for regularization. 3. On the other hand, learned counsel appearing for the State would oppose the submission made by Mr. Jha. Mr. Pramod Shrivastava would submit that the petitioner was never appointed against a vacant, and sanctioned post and initially, he was a part-time teacher. He would further submit that his services were discontinued, and the same is evident from the order passed by this Court in WPS No. 655 of 2005. He would also submit that pursuant to the direction issued by this Court in WPS No. 83 of 2020, the 3 representation was considered and it was rejected by respondent No. 1. He would contend that the instant petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents placed on the record. 5. Perusal of the documents would show that the petitioner was appointed on 26.11.1990 as a part-time teacher. Vide order dated 02.01.1993, the services of the petitioner were terminated by the Principal of Government Higher Secondary School, Wadrafnagar, Surguja. Pursuant to the order dated 07.01.1993 passed by the State Administrative Tribunal, the petitioner was reinstated in service. In the month of June, 1998, an advertisement was issued for appointment to the post of Lecturers and the name of the petitioner was not found in the merit list of part-time teachers. The petitioner joined services in the post of Shiksha Karmi Grade III on 14.10.2008, and vide order dated 01.07.2018, his services were absorbed in the School Education department. The authority concerned, after considering the above-stated facts, rejected the representation made by the petitioner. 6. Going through the findings recorded by the Director, Directorate of Public Instruction, Chhattisgarh, I do not find any good ground to take a different view. 7. Accordingly, the instant petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant