2025:CGHC:41531 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7568 of 2025 Ashok Thakur S/o - Late Hridaya Narayan Thakur, Aged About 44 Years Posted As Lecturer (Commerce) Government Higher Secondary School Reda (D) Block Dabhra District Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur Atal Nagar District Raipur (C.G.) 3 - Divisional Joint Director, Education Division Bilaspur District Bilaspur (C.G.) 4 - Collector District Sakti (C.G.) 5 - District Education Officer, District Sakti (C.G.) ... Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Mateen Siddiqui, Advocate For Respondents/State : Shri Keshav Gupta, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18.08.2025 1. Petitioner has challenged the order dated 12.06.2025 (Annexure P1), whereby he has been posted in the Government Higher Secondary School, Rampur, Chuikhadan, Khairagarh (for short, ‘Rampur School’). 2. Learned counsel for the petitioner would submit that petitioner, who is Lecturer(Commerce), is presently posted at the Government Higher Secondary School, Reda (D), Block-Dabhra, District-Sakti (for short, ‘Reda School’), and Digitally signed by V PADMAVATHI Date: 2025.08.19 18:48:23 +0530 Wps 7568 of 2025 2 vide the impugned order, he has posted at the Rampur School under the Rationalization Instructions dated 22.08.2022. He would further submit that when the petitioner has been relieved from the Reda School, and went to join at Rampur School, he could not join there for want of sanctioned vacant post of Lecturer (Commerce). He made representation on 01.07.2025 for changing of his place of posting. He would also submit that two Lecturers (Commerce) have been posted/transferred from the Rampur School, as there was no vacant post of Lecturer(Commerce), yet, the petitioner has been posted there at Rampur School, and his representation is also kept pending by the authorities. 3. On the other hand, learned State counsel on instructions, would submit that petitioner has been relieved from the Reda School, and joined to the Office of the District Education Officer, Khairagarh on 16.06.2025. However, after joining to the Office, petitioner not attended to his duty, and remained absent. Notice was issued on 11.07.2025 and on 25.07.2025 by the DEO Khairagarh but the petitioner has not appeared to his duty. He would also submit that since posting of the petitioner is outside of the Division, for taking a decision on the representation of the petitioner, Office of respondent-2 has sent proposal to respondent-1 on 18.08.2025 i.e. today only, which will take sometime for its consideration. Since the petitioner is absent from his duty after joining to his duty to the Office of the DEO, Khairagarh, no relief can be granted to him in the present writ petition. 4. Heard learned counsel for the parties, perused documents annexed to the petition, as well as the instructions submitted by the State. Wps 7568 of 2025 3 5. Submission of learned counsel for the petitioner is that though petitioner has been posted to the Rampur School, and when he joined to the Office of the DEO, Khairagarh on 16.06.2025, he was not permitted to join there because there was no vacant post available for Lecturer(Commerce), and he came to know about the fact that two surplus Lecturers (Commerce) have also been posted/transferred from the Rampur School. On perusal of document dated 31.05.2025 at page-23 of the writ petition, it transpires that two Lecturers (Commerce), whose names are shown at serial Nos-12 and 16 of the list have been declared surplus from Rampur School. Since two Lecturers (Commerce) have been declared surplus at Rampur School, whether or not the vacant sanctioned post of Lecturer(Commerce) is not available at Rampur School, and this is to be considered by the authority concerned, and the submissions made by learned counsel for the petitioner that there is no vacant post of Lecturer (Commerce) available at Rampur School is not to be decided by this Court at this Stage, in the present petition. 6. The Office of respondent-2 has already made recommendation on 18.08.2025, to respondent-1 to take decision on the representation of the petitioner, which obviously takes sometime by the authorities concerned. 7. Be that as it may, the representation of the petitioner is under consideration before the authorities, for which recommendation has already been forwarded by the Office of respondent-2 to respondent-1, it would deem appropriate to dispose of this petition at this stage, directing respondent-1 to take a decision on the recommendation dated 18.08.2025, made by the Office of the DEO for consideration of recommendation of the petitioner with respect to his place of posting. Therefore, respondent-1 to take a decision on the Wps 7568 of 2025 4 recommendation sent by the Office of respondent-2, within a further period of three weeks from the date of receipt of copy of this order, in accordance with law on its own merits, keeping in view of posts available in the subject, as per the set up of the Rampur School and till then, status quo as on today shall be maintained by the parties with respect to posting of the petitioner. 8. Petitioner is at liberty to take recourse to law, if occasion so arises. 9. With aforesaid observation, present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma