1 2025:CGHC:30886-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 428 of 2025 Hira Singh Markam S/o Bhujbal Markam Assistant Teacher (L.B.) Govt. Primary School Polhepara District - Gariyaband Chhattisgarh ... Appellant versus 1 - State of Chhattisgarh Through Secretary, Department of School Education Mantralaya Mahanadi Bhawan, Naya Raipur Atal Nagar, District - Raipur (C.G.) 2 - The Collector Gariyaband District - Gariyaband (C.G.) 3 - Assistant Commissioner Tribal Development Gariyaband, Collectorate Premises Gariyaband , District - Gariyaband (C.G.) 4 - District Education Officer Gariyaband, District - Gariyaband (C.G.) 5 - Gajendra Kashyap S/o Shri Shital Singh Kashyap Aged About 50 Years Posted As Assistant Teacher (L.B.) Govt. Primary School Urmal, District - Gariyaband (C.G.) R/o Sargiguda, Mainpur District - Gariyaband (C.G.) ... Respondents (Cause-title taken from Case Information System) For Appellant : Mr. Ravikar Patel, Advocate For State/respondents No.1 to 4 : Mr. Yashwant Singh Thakur, Additional Advocate General For Respondent No.5 : Mr. Prateek Sharma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 0 7 .0 7 .2025 1 Heard Mr. Ravikar Patel, learned counsel for the appellant. Also heard Mr. Yashwant Singh Thakur, learned Additional Advocate ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.07.07 17:45:37 +0530 2 General, appearing for the State/respondents No.1 to 4 as well as Mr. Prateek Sharma, learned counsel appearing for respondent No.5. 2 By way of this writ appeal, appellant has prayed for following relief(s): “i. That, this Hon'ble Court kindly be pleased to call for the records of the W.P.(S) No.344/2023 for its kind perusal. ii. That, this Hon’ble Court may kindly be pleased to set-aside and quash the impugned order dated 22/05/2025 passed in W.P.(S) No.344/2025 and directed to the respondent authorities to the writ appellant for taking his charge of the Hostel Superintendent, Pre Metric Adiwashi Balak Chatrawas, Urmal, District Gariyaband (C.G.). iii. That, this Hon’ble Court kindly be pleased to direct the Respondent authorities to take appropriate steps in pursuant to order dated 27/12/2022. iv. That, this Hon’ble Court kindly be pleased to pass any other relief/order or direction, as this Hon’ble Court deems fit and proper looking to the facts and circumstance of ht case and in the interfere of justice, along with cost of the proceedings.” 3 The present intra Court appeal has been filed against the order dated 22.05.2025 passed by the learned Single Judge in Writ Petition (S) No.344 of 2023 (Gajendra Kashyap v. State of 3 Chhattisgarh and others), whereby the writ petition filed by the appellant/writ petitioner has been disposed of. 4 Brief facts of the case, in a nutshell are that, initially the appellant/writ petitioner was appointed on the post of Shiksha Karmi Grade III and after absorption in the School Education Department, he was working as Assistant Teacher (LB) and posted at Government Primary School, Urmal, which is his substantive post. The substantive post of respondent No. 5 is also Assistant Teacher (LB) and respondent No. 5 is posted at Government Primary School, Pohelpara. The respondent No.5 was given additional charge for the post of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal which is about 25 KM away from his original Government Primary School, Pohelpara. Since, there was disturbance in performance of the teachers while they were given additional charge, therefore, a decision was taken to cancel the attachment/ additional charges of all the teachers including respondent No. 5. Accordingly, respondent No. 5 was relieved from the attachment /additional charge vide order dated 18.08.2022. As such, the appellant/writ petitioner was posted as Assistant Teacher in Government Primary School, Urmal and has been given additional charge of Superintendent Pre Matric Adiwasi Balak Chhatrawas, Urmal as the School as well the Chhatrawas is situated in the same village- Urmal vide order dated 18.08.2022. It would be continent to perform duties of both assignments. In the order, the name of the appellant/writ petitioner 4 is wrongly been mentioned as “Narendra”, however, the DEO has further rectified the same and has stated it to be “Gajendra”. On the basis of said order, the appellant/writ petitioner has taken additional charge as Superintendent in the Pre Matric Adiwasi Balak Chhatrawas, Urmal. When the petitioner went to take charges from respondent No. 5, the respondent No. 5 has refused to give charges of the said Hostel to the appellant/writ petitioner. Thereafter, the appellant/writ petitioner has made a representation in which respondent No. 4 has issued a show cause notice dated 29.11.2022 to the respondent No. 5 as to why disciplinary action should not be taken against him for violation of C.G. Civil Services (Conduct) Rules, 1965. Subsequently, an order dated 02.12.2022 has been passed against respondent No. 5 stating that if he will not hand over the charges to the petitioner his salary will be stopped. 5 Being aggrieved with the inaction on the part of the respondent authorities, the appellant/writ petitioner has filed a writ petition bearing WPS No.344/2023 before the learned Single Judge, which was dismissed vide order dated 22.05.2025. 6 Challenging the aforesaid order dated 22.05.2025 passed by the learned Single Judge in writ petition, the instant appeal has been filed by the appellant/writ petitioner. 7 Learned counsel for the appellant submits that the impugned order is illegal and bad in the eyes of law. He further submits that 5 8 respondent No.5 is not having any authority under the law to refuse to give charges of the said Hostel to the appellant/writ petitioner. Once, the order has been passed in favour of the appellant/writ petitioner by the competent authority, the respondent No. 5 is under obligation to give charges to the petitioner. The respondent authorities instead of passing orders against the respondent No.5 and in favour of the appellant/writ petitioner has passed an order dated 27.12.2022 by which respondent No.5 was posted as Assistant Teacher in Government Primary School, Pohelpara with an additional charge of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal has again been given charge of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal. He further submits that once the order dated 18.08.2022 has been passed in favour of the appellant/writ petitioner giving him additional charge of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal. Unless and until the said order is canceled, new order dated 27.12.2022 cannot be passed. After passing of order in favour of the appellant/writ petitioner, he went for taking charge of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal, however, it has not been given to the appellant/writ petitioner. When complaint was made, the authorities have issued a letter dated 02.12.2022 while stating that if respondent No.5 will not give additional charge of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal then his salary will be withheld. The said order passed by the 6 Assistant Commissioner, Tribal Development, Gariyaband, however, nothing has been done. It seems that the respondent No. 5 is above to the authorities of the State, as such even without any complying the earlier order dated 18.08.2022 or taking action against the respondent No.5. The respondent authorities have passed the impugned order in favour of the appellant/writ petitioner which is not in accordance with law. It has been contended that learned Single Judge while passing the impugned order has not considered all such material facts, as such, the instant appeal be allowed and the impugned order dated 22.05.2025 passed by the learned Single Judge, be set-aside. 9 On the other hand, learned State counsel as well as learned counsel appearing for respondent No.5 opposed the submissions made by the learned counsel for the appellant and jointly submit that the order dated 27.12.2022 passed by the Collector, Gariyaband was in accordance with law and respondent No.5 has rightly been posted as Superintendent Tribal Boys Hostel, Urmal. It has been contended that the appellant/writ petitioner was not having any right to be given charge of Superintendent Pre Matric Adiwasi Balak Chhatrawas, Urmal. It has been further contended that the substantive post of the appellant/writ petitioner was Assistant Teacher (LB) and he had been posted to Government Middle School, Matiya, which is only 2 kms. Away from the Pre Matric Adiwasi Balak Chhatrawas, Urmal, as such, the respondent No.5 would be best person looking to the distance 7 of the School as well as the Hostel. Against the appellant/writ petitioner, the concerned vilalgers have submitted some complaints, therefore, respondent No.5 has been given additional charge of Superintendent of Pre Matric Adiwasi Balak Chhatrawas. It has been lastly contended that the learned Single Judge after considering all the aspects of the matter, has rightly passed impugned order, which does not call for any interference. 10 We have heard learned counsel for the parties and perused the impugned order as well as materials available on record. 11 On 03.07.2025, when the matter was taken up for hearing, the following order was passed :- “Heard Mr. Ravikar Patel, learned counsel for the appellant. Also heard Mr. Yashwant Singh Thakur, learned Additional Advocate General, appearing for the State and Mr. Prateek Sharma, learned counsel, appearing for respondent No. 5/writ petitioner. Let the matter be listed on 07.07.2025, by which date the authority concern shall inform this Court whether in pursuance of the order dated 22.05.2025 passed by the learned Single Judge in WPS No. 344 of 2023 any other person has been recruited as Hostel Superintendent or not. Learned State counsel submits that the State has already communicated the order dated 22.05.2025 passed by the learned 8 Single Judge in WPS No. 344 of 2023 to the authority concerned.” 12 In compliance of the order dated 03.07.2025, learned State counsel has produced the order dated 03.07.2025, according to which, one Shri Babulal Kashyap, Headmaster, Government Primary School, Sargiguda, Block Mainpur, District Gariyaband (C.G.) has been appointed as Hostel Superintendent on temporary basis at Pre Metric Adiwasi Balak Chhatrawas, Urmal for smooth functioning of the Hostel. 13 After appreciating the submissions of learned counsel for the parties as also the materials on record, the learned Single Judge has passed the impugned order in following terms:- “8. After perusal of the record, one thing is clear that only for the additional charge of Hostel Superintendent of Pre Matric Adiwasi Balak Chhatrawas, Urmal, both the petitioner as well as respondent No.5 are showing their undue interest for the reasons best known to them. The substantive post of the petitioner as well as respondent No.5 is Assistant Teacher (LB) and only additional charge of Hostel Superintendent is to be given either to the petitioner or respondent No.5, for that, the petitioner as well as respondent No.5 is litigating. 9. From perusal of the documents annexed with the writ petition, it seems that earlier, respondent No.5 was Superintendent of Pre 9 Matric Adiwasi Balak Chhatrawas, Urmal and thereafter, the petitioner has been given additional charge of Hostel Superintendent, however respondent No.5 has not complied the said order in spite specific order has been passed by the concerned District Education Officer. Thereafter, the State Government vide its letter dated 07.02.2022 has issued some directions, on the basis of which respondent No.4 has passed an order dated 18.08.2022 cancelling the attachment of all the Teachers who have posted in the Ashram Schools/Residential Schools as Superintendent. On the basis of aforesaid order, charge from respondent No.5 as Hostel Superintendent has been taken back and looking to the situation of the School as well as Hostel, the petitioner was given charge of Pre Matric Adiwasi Balak Chhatrawas, Urmal. Though the charge was taken by the petitioner on 26.08.2022, however physical charge was not handed over to him. It was only given in pursuance of stern notice issued by the District Education Officer, by which respondent No.5 be cautioned that if the charges have not been given, action would be taken against him. 10. Considering the matter in its entirety, it is reflected that respondent No.5 is more interested in discharging his duties as Hostel Superintendent, which is not his substantive post. The petitioner has also completed more than two years as additional charge of Hostel 10 Superintendent, as such, in view of this Court, now a third person who is efficient can be given charge of Hostel Superintendent of Pre Matric Adiwasi Balak Chhatrawas, Urmal. The petitioner has already enjoyed fruits of order dated 17.01.2023, as such, while quashing impugned order dated 27.12.2022, the authorities are directed to give charge of Hostel Superintendent of Pre Matric Adiwasi Balak Chhatrawas, Urmal to any other person. The petitioner as well as respondent No.5 are directed to work on their substantive posts i.e. Assistant Teacher (LB). Till a decision is taken by the State Government for appointment of any other person as Superintendent. The petitioner, who is working additionally as Hostel Superintendent of Pre Matric Adiwasi Balak Chhatrawas, Urmal, shall work as Hostel Superintendent also till new order is passed by the State. The petitioner as well as respondent No.5 are not having any indefensible right to hold additional charge of Hostel Superintendent. The respondent authorities are directed to pass appropriate order appointing some other person as Hostel Superintendent within 60 days from the date of production of certified copy of this order. 11. With the aforesaid observations/ directions, instant writ petition is disposed of.” 14 Considering the matter in its entirety and after considering the submissions made by learned counsel appearing for the parties 11 as also perusing the impugned order, we are of the firm view that learned Single Judge has passed the impugned order with cogent and justifiable reasons holding that respondent No.5 was more interested in discharging his duties as Hostel Superintendent, which is not his substantive post. The appellant/writ petitioner has also completed more than two years as additional charge of Hostel Superintendent, as such, now a third person who is efficient can be given charge of Hostel Superintendent of Pre Matric Adiwasi Balak Chhatrawas, Urmal. It has been reflected that in complaince of the order dated 22.05.2025, the State Government vide order dated 03.07.2025 has appointed one Shri Babulal Kashyap, Headmaster, Government Primary School, Sargiguda, Block Mainpur, District Gariyaband (C.G.) as Hostel Superintendent on temporary basis at Pre Metric Adiwasi Balak Chhatrawas, Urmal for smooth functioning of the Hostel. 15 For the foregoing reasons, we are not inclined to interfere with the impugned order dated 22.05.2025 passed by the learned Single Judge in Writ Petition (S) No.344 of 2023 (Gajendra Kashyap v. State of Chhattisgarh and others). 16 In the result, the writ appeal lacks merit substance, is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu