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2025 DAILYLAW 33756 (CHH)

AMARNATH CHAKRADHARI v. STATE OF CHHATTISGARH

WPS/7420/2025 · 2025-07-24

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:36304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7420 of 2025 1 - Amarnath Chakradhari S/o Punavaram Chakradhari, Aged About 38 Years Posted As Lecturer (L.B.) At Government Higher Secondary School, Lohandiguda, District Jagdalpur (Bastar), Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Director, Directorate Of Public Instructions (D P I) Through Its Director, Indravati Bhavan, Naya Raipur, District Raipur Chhattisgarh. 3 - Collector, District Jagdalpur (Bastar), Chhattisgarh. 4 - Joint Director, Education Division, Jagdalpur (Bastar), Chhattisgarh. 5 - District Education Officer, District Jagdalpur (Bastar), Chhattisgarh. ... Respondent(s) For Petitioner (s) : Shri Mateen Siddiqui, Advocate. For State : Shri Sabyasachi Choubey, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 25.07. 202 5 1. The petitioner has challenged the order dated 06.06.2025 whereby his place of posting has been changed and he has been posted at Higher Secondary School, Kolaval under the rationalization instructions. Earlier, vide order dated 04.06.2025 the petitioner was posted at 2 Higher Secondary School, Baniyagaon under the rationalization instructions. 2. Learned counsel for the petitioner would submit that the petitioner was working as Lecturer (Chemistry) and posted at Govt. Girls Higher Secondary School, Lohandiguda, Block Lohandiguda. Under the rationalization instructions dated 02.08.2024 he was posted to Higher Secondary School Baniyagaon, Block Bastar vide order dated 04.06.2025. In compliance of the order dated 04.06.2025 he joined there at Higher Secondary School Baniyagaon on 05.06.2025. Thereafter, on 06.06.2025 another order was issued considering the petitioner to be posted at Govt. Girls Higher Secondary School Lohandiguda, was again posted at Higher Secondary School, Kolaval. He would further submit that once the order dated 04.06.2025 has been executed and the petitioner joined the transferred place, the posting of petitioner should be considered at Higher Secondary School Baniyagaon and his place of posting cannot be changed by passing new order dated 06.06.2025. The petitioner has given full honour to the order dated 06.06.2025 also and had joined at Higher Secondary School Kolaval on 30.06.2025. However, he made a representation that his place of posting may be reinstated at Govt. Higher Secondary School Baniyagaon. Therefore, the subsequent order dated 06.06.2025 may be quashed and the authorities may be directed to post the petitioner at Govt. Higher Secondary School Baniyagaon. 3. On the other hand, learned counsel for the State, on instructions, would submit that initially the petitioner was declared surplus from Govt. Girls Higher Secondary School, Lohandiguda and was posted at Govt. Higher Secondary School, Baniygaon vide order dated 04.06.2025. 3 Since large number of irregularities were detected in posting the teachers and declaring them surplus, the entire process of counseling and posting order dated 04.06.2025 of Lohandiguda Block was cancelled on 05.06.2025 and after reconsidering the entire process fresh order of posting of the petitioner was issued on 06.06.2025 and now he was posted at Govt. Higher Secondary School, Kolaval. In compliance of the order dated 06.06.2025 the petitioner joined there at Kolaval School on 30.06.2025 and therefore the order dated 06.06.2025 itself was executed and complied with and therefore, once the order has been complied with, the same cannot be revoked or cancelled. There is no ground raised by the petitioner with respect to violation of any condition of rationalization instructions and thus no relief can be granted to the petitioner in the present writ petition and the writ petition is liable to be dismissed. 4. I have heard the counsel for the parties and perused the material annexed with the petition. 5. True it is that vide order dated 04.06.2025 the petitioner was posted at Govt. Higher Secondary School Baniyagaon where he joined on 05.06.2025 which is reflected from the document annexed with the petition at page No.50. However, for the reasons best know to the respondent authorities, the fresh posting order of the petitioner has been issued on 06.06.2025 by which his original place of posting was considered at Govt. Girls Higher Secondary School Lohandiguda and now he has been posted at Govt. Higher Secondary School, Kolaval. It is important to note here that the petitioner had joined at Govt. Higher Secondary School, Kolaval on 30.06.2025 in compliance of the order dated 06.06.2025 which shows that the petitioner is not seriously 4 disputing the subsequent order of his posting and stuck on the earlier place of his posting. Since the order dated 06.06.2025 has already been complied with and the petitioner has joined there at Govt. Higher Secondary School, Kolaval, this court does not find any scope for interference in the present writ petition to quash the order dated 06.06.2025 and to direct the authority to permit the petitioner to work there at Govt. Higher Secondary School, Baniyagaon. 6. Accordingly, the writ petition fails and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge inder