Page No.1 of 3 IN WPS-5347-2016 2025:CGHC:30292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5347 of 2016 Smt. Asha Williams W/o Shri Ajeet Williams, Aged About 48 Years Occupation Service, Working As Principal In Chhattisgarh S C/ S T Development Department, Presently Posted At Pre Examination Training Center, Bilaspur Chhattisgarh. R/o H. No. 93, Babjee Residency, Shubham Vihar, Bilaspur Chhattisgarh, Chhattisgarh ... Petitioner Versus 1 - State of Chhattisgarh Through The Secretary, Department of SC/ST Development, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh, Chhattisgarh 2 - Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Commissioner, Department of SC/ST Development, Naya Raipur, Post Office and Police Station Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Director, Pre Examination Training Center, Opp. Science College, Chhatidih Road, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 5 - Additional Director, Pre Examination Training Center, Opp. Science College, Chhatidih Road, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 6 - Assistant Commissioner, Tribal Welfare, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 7 - District Education Officer, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondent [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------- For Petitioner : Mr. Malay Shrivastava, Advocate For Respondent/State : Dr. S.K. Dewangan, Panel Lawyer For Intervener : Mr. Himanshu Yadu, Advocate ------------------------------------------------------------------------------------------------- SAIFAN KHAN Digitally signed by SAIFAN KHAN Date: 2025.07.08 12:43:15 +0530 Page No.2 of 3 IN WPS-5347-2016 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 03.07.2025 1. In this writ petition, the petitioner is seeking following relief(s): “i. That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 19/9/2016 (Annexure-P/1) bearing No.Pa.Pu.Pra.Ke./ Stha./Pradasth/2016-17/109 passed by the respondent No.5 ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner submits that the petitioner was posted in Pre Examination Training Centre in the year 2014 by order dated 15.07.2014 (Annexure-P/5) and, thereafter, by way of impugned order dated 19.09.2016 (Annexure-P/01) it has been informed to him that due to the set up further drawing of the salary of the petitioner cannot be made, as he is working on surplus post. He vehemently argued that the entire tenure, in which, the impugned order dated 19.09.2016 is passed, is wrong since status of the petitioner is that of Principal. The order of the State Government speaks about transfer of the Teacher, therefore, impugned order passed by the Additional Director is in contravention to the direction of the State, as such, the same is liable to be set aside. Page No.3 of 3 IN WPS-5347-2016 3. On the other hand, leaned State counsel submits that the petitioner was drawing the salary against the post of Lecturer, which was lying vacant in the Pre Examination Training Centre and another person- Smt. Pratiksha Mohagaonkar, who was also working as Principal was posted in the said office and she was drawing the salary against the post of Additional Director, therefore, the impugned order was passed. Hence, he prays for dismissal of the petition. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and went through the record with utmost circumspection. 5. True it is that the petitioner was working as Principal against the post of Lecturer and the post of Lecturer was also vacant at the relevant point of time and, therefore, this Court by order dated 05.10.2016 has stayed the effect and operation of impugned order 19.09.2016 (Annexure-P/01), which is continuing till date. As such, considering the aforesaid fact that the interim order passed by this Court is operating for fairly long time, the impugned order 19.09.2016 (Annexure-P/01) passed by the respondent No.05, is hereby set aside. However, the respondent No.05 is at liberty to pass fresh order based upon administrative exigency, if any, in accordance with law. 6. This petition is allowed to the extent indicated hereinabove. s@if Sd/- (Sanjay K. Agrawal) Judge