Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:27488
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5190 of 2025 1 - Bihari Lal Singroul S/o Shri Kejaram Singroul Aged About 45 Years Presently Working As Assistant Teacher (L.B.) At Government Primary School Nagroudi, Block Bilha, District Bilaspur Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instruction, Directorate Indravati Bahawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh. 3 - The Collector District Bilaspur Chhattisgarh. 4 - The District Education Officer District Bilaspur Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Ashwani Shukla, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 24/06/2025
1. By these Writ Petitions, the petitioner seek a direction to the respondents’ authorities to follow the guidelines dated 07/02/2022, 07/11/2022 & ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.26 12:11:48 +0530
2 29/03/2023 issued by the respondents’ authorities with regard to posting of Head Masters.
2.
Learned counsel appearing for the respective petitioner would submit that while the petitioner working as Assistant Teacher (LB) under the Department of School Education and posted at different schools, they were promoted to the post of Head Master. According to the petitioner, the respondents/DPI issued guidelines with regard to the posting of the Head Masters to the effect that if the post of Head Master is lying vacant in the same school where he is presently posted as Assistant Teacher in such case he should be given posting in the same institution further that if post is lying in the same Block in that case he should be given posting in the same Block and if no post is lying vacant in Block in such case within the District and if no post is vacant in the District in such condition he should be given posting in nearby District. At the time of issuance of promotion order dated 27/12/2024 the petitioner was posted as Assistant Teacher (L.B.) and the post of Head Master is lying vacant in his respective schools yet the petitioner has been posted at other places.
3.
Learned counsel for the petitioner submit that after promotion of the petitioner to the post of Headmaster, a counseling was directed to be done so that the petitioner and likewise headmasters may be posted as per his promotion
order.
4. However, without following the due process, the petitioner has not been given the posting as per the option submitted by them. Though the petitioner submits that as per aforesaid circular of the State Government, a direction has been issued that if the post is lying vacant, the promoted teachers may be posted in the same school from where they were promoted. According to the petitioner, posts of Head Masters are lying vacant in the said Blocks/Schools itself. As such they are praying that the effect and operation of posting order may be quashed.
3
5. Heard the respective counsels. Since the counsel for the petitioners are only seeking a direction to the effect that the respondent authorities may be
directed to consider and decide the grievance of the petitioner.
6. Having considered the facts and circumstances of the case, particularly taking note of circular dated 07.02.2022 issued by the Directorate of Public Instruction/respondent No.2 (For short ‘DPI’), and also in the interest of justice, the petitioner is directed to submit his representation by raising his grievance before respondent No.2/DPI within a period of 15 days from the date of receipt of copy of this order and thereafter the said authority shall consider and decide the same within a period of 15 days, in accordance with law/as per the guidelines issued by the State Govt. and on its own merits. Till the period of 30 days, the effect and operation of order dated 27.12.2024 in respect of the present petitioner is hereby stayed and he is allowed to work in the school where he is working before promotion.
7. Accordingly, all the Writ Petitions stand disposed of with aforesaid observations and directions. Sd/- (Ravindra Kumar Agrawal) Judge
Alok