1 / 4 2025:CGHC:18679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4581 of 2024 1 - Mahendra Kumar Vaishnav S/o Shri Ramgopal Vaishnav Aged About 37 Years R/o Village Karbikhurd, P.S. Kota, District Bilaspur, C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, C.G. 2 - Collector District Manendragarh, Chirimiri, Bharatpur, C.G. 3 - District Education Officer District Manendragarh, Chirimiri, Bharatpur, C.G. 4 - Chandrabhushan Singh Paikra Principal, Government Higher Secondary School Jarondha, Block Khadgawa, District Manendragarh, Chirimiri, Bharatpur, C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Ms. Renu Kochar, Advocate For Respondents/State : Mr. Sanjeev Pandey, G.A. For Respondent No.4 : Mr. Sashi Kumar Kushwaha, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 24/04/2025 1. By the present writ petition, the petitioner, who is a Government Lecturer, seeking a direction towards the respondents to pay salary from the period 13/02/2024, that is from the date when the 2 / 4 District Education Officer (D.E.O.) has permitted the petitioner to join in his earlier place of posting i.e. at Government Higher Secondary School, Jarondha, Block-Khadgawa, but the Principal, Government Higher Secondary Jarondha did not permit the petitioner to join the service in spite of repeated request. 2. Learned counsel for the petitioner submits that when the petitioner was posted as a Guest Lecturer in the Government Higher Secondary School, Jarondha, because of institution of criminal case against the petitioner, he was terminated from service and subsequently, in the said criminal case, the petitioner has been acquitted vide judgment dated 16/01/2024 passed by the Special Judge (POCSO), Chirmiri, District-Koriya. After acquittal from the criminal case, the D.E.O. vide its order dated 13/02/2024 Annexure P-11 permitted the petitioner to discharge his duties as a Guest Lecturer and pursuance to the same, the petitioner approached the Principal of the School immediately on 14/02/2024 Annexure P-12 to permit him, however, the Principal/respondent No.4 did not permit the petitioner to join pursuance to the order of the D.E.O. Because of the act of respondent No.4, on 17/12/2024, the petitioner submitted before this Court that he may be permitted to make a representation before the D.E.O. to interfere with the issue as the petitioner is not being permitted to join the Government Higher Secondary School, Jarondha and looking to the said prayer, this Court permitted the petitioner to approach the D.E.O. and further directed the D.E.O. to consider the grievance of the petitioner. Pursuance to the said 3 / 4 order, the D.E.O. permitted the petitioner to join the service at High School, Katkona, Block Khadgawa on 05/04/2025. Learned counsel for the petitioner submits that the denial of joining by the respondents from period 13/02/2024 to 05/04/2025 is only because of lack of coordination between the respondents and there is no fault of the petitioner as the petitioner immediately approached the Principal, Higher Secondary School, Jarondha on 14/02/2024 by giving his joining, hence, the petitioner is entitled for salary for the period 14/02/2024 to 05/04/2025. 3. Learned counsel for the respondents submit that as the petitioner was involved in a criminal case and because of the criminal case, he was terminated, however, the D.E.O. has only permitted to discharge his duties and mere permission to discharge his duties, is not sufficient for entitlement of salary as the petitioner has not work for the said period. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. The order of D.E.O. dated 13/02/2024, by which, the D.E.O. has permitted the petitioner to discharge his duties and the said order has been endorsed to respondent No.4/Principal, Government Higher Secondary School Jarondha, Block:Khadgawa, thereafter, the petitioner immediately on 14/02/2024 joined the place of posting i.e. Government Higher Secondary School Jarondha vide Annexure P-12, but because of the act of the respondent No.4/Principal, the petitioner remained out of job and he could not discharge his duties in spite of the permission of the D.E.O. It 4 / 4 appears that due to lack of coordination between the respondents, the petitioner remained out of job and he could not discharge his duties in spite of the fact that the D.E.O. has permitted the petitioner to discharge his duties by joining his service, hence, it is directed that within a period of 50 days, the respondents are directed to release the salary for the period i.e. 14/02/2024 to 05/04/2025. 6. With the aforesaid observation and direction, the writ petition is allowed. SD/- (BIBHU DATTA GURU) JUDGE Amardeep