1 2025:CGHC:22263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on : 06.03.2025 Order Delivered on : 22.05.2025 WPS No. 344 of 2023 Gajendra Kashyap S/o Shri Shital Singh Kashyap Aged About 50 Years Assistant Teacher (Lb) Government Primary School Urmal, District Gariyaband, R/o Village Sargiguda, Mainpur, District : Gariyabandh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mantralaya, Mahandi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh. 2 - The Collector Gariyaband, District : Gariyabandh, Chhattisgarh. 3 - Assistant Commissioner Tribal Development Gariyaband, Collectorate Premises, Gariyaband, District : Gariyabandh, Chhattisgarh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.22 16:34:31 +0530 2 4 - District Education Officer Gariyaband, District : Gariyabandh, Chhattisgarh. 5 - Hira Singh Markam Assistant Teacher (Lb), Government Primary School Pohelpara, District : Gariyabandh, Chhattisgarh. ... Respondents (Cause-titile taken from Case Information System) For Petitioner : Mr. Prateek Sharma, Advocate. For Respondent/State : Mr. Rishabh Bisen, Panel Lawyer. For Respondent No. 5 : Mr. Ravikar Patel, Advocate. Hon’ble Shri Justice Amitendra Kishore Prasad C A V Order 1. The petitioner has filed this petition against the impugned order dated 27.12.2022 passed by respondent No. 2 i.e. the Collector, Gariyaband, District- Gariyaband by which attachment/ granting additional charge to respondent No. 5 was passed in place of the petitioner though there are serious allegations against respondent No. 5. 2. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 27.12.2022 (ANNEXURE P/1), issued by respondent Collector, 3 to the extent it relates to respondent no.5 and further be pleased to direct the respondents to allow the petitioner to discharge the duties of additional charge of Superintendent of Pre Matric Adiwasi Balak Chhatrawas, Urmal, in the interest of justice. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. The case of the petitioner, is that, initially the petitioner was appointed on the post of Shiksha Karmi Grade III and after absorption in the School Education Department, the petitioner is 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 the 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 4 respondent No. 5. Accordingly, respondent No. 5 was relieved from the attachment /additional charge vide order dated 18.08.2022. As such, the 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 petitioner 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 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 petitioner. Thereafter, the 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 the respondent No. 5 stating that if he will not hand over the charges to the petitioner his salary will be stopped. 5 Several representations were filed by the petitioner, however, he has not been given additional charge of Superintendent, Pre Matric Adiwasi Balak Chhatrawas, Urmal. Therefore, this petition has been filed. 4. Learned counsel for the petitioner submits that respondent No.5 is not having any authority under the law to refuse to give charges of the said Hostel to the petitioner. Once, the order has been passed in favour of the 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 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 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 petitioner, the petitioner went for taking charge of Superintendent, Pre Matric 6 Adiwasi Balak Chhatrawas, Urmal, however, it has not been given to the 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 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 petitioner which is not in accordance with law. In view of the facts and circumstances of this case, this Court vide order dated 17.01.2023 has passed an interim order and stayed the effect and operation of impugned order dated 27.12.2022. 5. On the other hand, learned counsel for the State supported the impugned order and submits that the respondent authorities have rightly passed the impugned order dated 27.12.2022 while posting respondent No.5 as Superintendent, which does not call for any interference by this Court. 6. Learned counsel for respondent No.5 submits that the order dated 27.12.2022 passed by the Collector, Gariyaband is in 7 accordance with law and respondent No.5 has rightly been posted as Superintendent Tribal Boys Hostel, Urmal. He further submits that the petitioner is not having any right to be given charge of Superintendent Pre Matric Adiwasi Balak Chhatrawas, Urmal. It has been contended that the substantive post of the petitioner is Assistant Teacher (LB) and he has 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 of the School as well as the Hostel. It has been further contended that against the 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, Urmal, as such, the petition filed by the petitioner is sans merit and is liable to be dismissed. 7. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 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 8 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 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 9 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 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 10 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. Sd/- (Amitendra Kishore Prasad) Judge Raghu / Yogesh