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2025 DAILYLAW 27404 (CHH)

CHARAN SINGH KHAIRWAR v. STATE OF CHHATTISGARH

WPS/5384/2025 · 2025-06-29

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:29246 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5384 of 2025 1 - Charan Singh Khairwar S/o Shri Tijau Ram Khairwar Aged About 46 Years R/o Post Birra Block- Bamhanidih District - Janjgir - Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.). 2 - Director Directorate Of Public Instruction, Indravati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.). 3 - Joint Director Education, Bilaspur Division District Bilaspur (C.G.) 4 - Collector Mungeli, District Mungeli (C.G.) 5 - District Education Officer Mungeli, District Mungeli (C.G.) 6 - Block Education Officer Bamhanidih, District - Janjgir - Champa (C.G.) 7 - Block Education Officer Mungeli, District Mungeli (C.G.) 8 - Principal Government Higher Secondary School Bhalapur, Block And District - Mungeli (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Krishna Tandon, Advocate. For Respondent(s) : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 30/06/2025 1. The petitioner filed the writ petition claiming the following reliefs: ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.30 19:19:30 +0530 2 “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to declare the merger and rationalization Policy/ Guideline dated 02/08/2024 (Annexure-P/2) as illegal and void ab initio and further be pleased to set aside the order dated 07/06/2025 (Annexure-P/1) issued by the respondent no.3 regarding the counseling for posting of the excess teacher and posted other block to the petitioner, under the garb of rationalization and guideline dated 02.08.2024. 10.3 That, this Hon'ble Court may kindly further be pleased to direct the respondents to allow the petitioner to work at present place of her posting i.e. Government Higher Secondary School Teldevri Bamhanidih, District- Janjgir-Champa (C.G.) or under his block. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, 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. Learned counsel for the petitioner would submit that under the rationalization instruction dated 02.08.2024 his services has been transferred from Higher Secondary School Teldevri Block Bamhanidhi, District Janjgir- Champa to Government Higher Secondary School Bhalapur, Block & District- Mungeli vide order dated 07.06.2025. The petitioner is a Lecturer (Commerce) and when he went to Government Higher Secondary School Bhalapur, there was no post available for the Lecturer (Commerce). He would refer the document 3 (Annexure P/6) which is the strength of Government Higher Secondary School, Bhalapur for the year 2024 - 2025. 3. Learned counsel appearing for the respondent/State on instructions would submit that there is two sanction posts at Government Higher Secondary School, Bhalapur for commerce subject and the petitioner may join there under his transfer order dated 07.06.2025. She would also submits the copy of the certificate issued by District Education Officer, Mungeli which is being taken on record. 4. In view of the submissions made by learned counsel for the respondent/State, learned counsel for the petitioner would submit that the petitioner is ready to join there at Government Higher Secondary School, Bhalapur and the present petition may be disposed of accordingly. 5. In view of the submissions made by learned counsel for the parties, the petitioner’s services has been transferred at Government Higher Secondary School, Bhalapur where two sanction posts of Lecturer (Commerce) is available and the petitioner is ready to join there at Government Higher Secondary School, Bhalapur, nothing remained for adjudication in the present petition at present. 6. In view of the above, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok