1 2025:CGHC:33667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7188 of 2025 1 - Kishan Ram Tandiya S/o Jagat Ram Tandiya Aged About 49 Years Promoted As Head Master (Primary School) At Government Primary School, Damaukunda, Cluster Gursiya, Block Podi Uproda, District Korba 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, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Collector, District Korba C.G. 4 - District Education Officer, Korba, District Korba C.G. 5 - Block Education Officer, Podi, Uproda, District Korba C.G. 6 - Block Education Officer, Pali, District Korba C.G. ... Respondent(s) For Petitioner(s) : Mr. Bharat Lal Sahu, Advocate For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 17.07.2025 1. By this Writ Petition, the petitioner seeks a direction to the respondents’ authorities to follow the guidelines dated 07/02/2022, issued by the SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.29 12:32:12 +0530 2 respondents’ authorities with regard to the posting of Head Masters and prays for the following reliefs:- 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 direct the respondents to reconsider the posting of the petitioner in view of the guideline dated 07.02.2022 and further be pleased to direct the respondent no.4 to grant of posting to the petitioner at same block where he was posted before getting promotion or any other place near by the previous place of posting. 10.3 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 appearing for the petitioner would submit that while the petitioner was working as an Assistant Teacher (LB) under the Department of School Education and posted at the Government Primary School, Kerakachhar, Block Pali, Distt. Korba. He was 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 the promotion order dated 18-08-2024, 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 submits that after the promotion of the petitioner to the post of Headmaster, a counselling was directed to be done so that the petitioner and likewise headmasters may be posted as per his 3 promotion order. 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 the 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 which 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 petitioner may be posted at the same school or the nearest school. He would restrict his submissions to the extent that the respondent authorities may be directed to consider the representation of the petitioner and do the needful. 4. On the other hand, learned counsel appearing for the state opposes and submits that after the promotion, the petitioner was posted at the place where the post of headmaster was vacant. There is no violation of any circular or policy of the state government, and therefore, no relief can be granted to the petitioner in the present petition; however, if the authorities are directed to take a decision on the representation of the petitioner, he has no objection. 5. Heard the respective counsels. Since the counsel for the petitioner is 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 further period of 30 days, in accordance with law/as per the guidelines issued by the State Govt. and on its own merits. 4 7. Accordingly, all the Writ Petitions stand disposed of with the aforesaid observations and directions. Sd/- (Ravindra Kumar Agrawal) Judge sagrika