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2025 DAILYLAW 34610 (CHH)

MOHAMMAD MUSHTAQUE KHAN v. STATE OF CHHATTISGARH

WPS/7754/2025 · 2025-08-11

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:40590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7754 of 2025 1 - Mohammad Mushtaque Khan S/o Mohammad Tayyad Khan Aged About 60 Years R/o Post- Headmaster Middle School, Government Middle School Chiranga, Block- Lundara, Distt.- Sarguja (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Director Directorate of Public Instruction, Department Of School Education, Indravati Bhawan, Block - C, 1st Floor, Atal Nagar, District- Raipur (C.G.) 3 - District Education Officer Ambikapur, Distt.- Sarguja (C.G.) 4 - Block Development Education Officer Development Block- Lundra, Sarguja (C.G.) 5 - Shri Bhragunath Prasad Headmaster (Middle School), Govt. Middle School, Sonpurkala, District- Balrampur (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Mateen Siddqui, Advocate For Respondent(s)/State : Mr. K.S. Saini, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 12-08-2025 1. The petitioner has filed the present writ petition claiming the following Digitally signed by MOHAMMAD AADIL KHAN 2 relief(s):- “(10.1) The Hon’ble Court may kindly be pleased to direct the respondent authority to rectify the entities of seniority list published on 29.10.2024 in serial no. 901 in respect to petitioner, and to rectify the date of promotion on the post of Upper Division Teacher as 05.09.2005 in place of 14.10.2008 and promotion date on the post of Headmaster as 06.11.2009 in place of 25.01.2013; (10.2) The Hon’ble Court may kindly be pleased to quash/set-aside the impugned promotion order dated 30-04-2025 (P/2) inrestpect of promotion of respondent no.5, and keep the name of the petitioner over & above of the respondent no.5 at serial no. 1269; (10.3) The Hon’ble Court may kindly be pleased to direct the respondent authority to consider the candidature of petitioner for promotion on the post of Principal, effect from 30.04.2025; (10.4) To kindly grant any other writ(s), order(s), relief(s) in favour of the petitioner, 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 for the petitioner would submit that in the gradation list dated 01-04-2024 there is certain mistakes in column No.15 and 17 in which wrong date of his promotion on the post of Upper Division Teacher and Head Master have been entered in the said gradation list. He would also submit that the District Education Officer Ambikapur vide its recommendation dated 02-09-2024 (Annexure-P/6) has recommended for correction of the said gradation list dated 01-04-2024, however till date the said gradation list has not been amended and therefore a direction may be given to the respondent No.2 to correct the discrepancies in the gradation list with respect to wrong 3 entry in column No.15 and 17 with regard to the petitioner’s date of promotion within a stipulated time frame. 3. On the other hand, learned counsel for the State, on instruction, he has submitted a copy of order dated 08-08-2025 passed by respondent No.2, which is taken on record. He would submit that he has no objection if direction is given to the authorities concerned to decide the pending representation of the petitioner within stipulated time frame with respect to the correction of the dates entered in column No.15 and 17 with respect to the petitioner in the gradation list dated 01-04-2024. 4. Considering the submissions made by learned counsel for the parties this petition is disposed of directing respondent No.2 to take a decision on the representation of the petitioner dated 20-03-2025 (Annexure -P/7) keeping in view the recommendation dated 02-09-2024 by the District Education Officer and 05-11-2024 by the Joint Director, Education Surguja Division, Ambikapur within 45 days from the date of receipt of copy of this order if there is no other impediment to correct the said discrepancies. 5. The petitioner is directed to produce a copy of this order within a week from today to respondent No.2. 6. With the aforesaid observation the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil