1 2025:CGHC:8054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7857 of 2024 1 - Manish Agrawal S/o Late R.K. Agrawal Aged About 41 Years Presently Working As Head Master (Primary School), Bukapara, Block Podi, Uproda, District Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, 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-The Collector District Korba C.G. 4-District Education Officer Korba, District Korba (C.G.) 5 - Block Education Offcer Podi Uproda, District Korba (C.G.) ... Respondent(s) ------------------------------------------------------------------------------------------- For the Petitioner :Mr. Harsh Wardhan, Advocate. For State :Ms. Akanksha Verma Dabadhkar, PL. S.B.: Hon'ble Shri Amitendra Kishore Prasad, Judge Order On Board 14/02/2025 1. Learned counsel for the petitioner submits that vide order dated 18.8.2024 petitioner has been promoted to the post of Head Master (Primary School) and posted at Government 2 Primary School Bukapara Block Podi-Uproda. Petitioner submitted representations before the authority concerned for change of his place of posting from Bukapara to a nearby school where post of Head Master is lying vacant, on the grounds mentioned therein. However, the representation of petitioner has been rejected by respondent No.4 vide order dated 18.10.2024 on the ground that there is no vacant post of Head Master in nearby schools. He submits that respondent No.5 while considering identical request of the employees similarly situated to petitioner, has directed vide order dated 29.9.2024, 18.10.2024 & 5.2.2025 to consider their case against the anticipated vacancy which may become available on account of retirement of any employee. A copy of order dated 29.9.2024 is placed on record as Annexure D-1 along with application for taking document on record (IA No.2/2025). He submits that at this stage grievance of petitioner would be redressed if respondents are directed to consider the request of petitioner for change of posting against anticipated vacancy which may arise in future on account of transfer or retirement of any employee. 2. On being asked by the Court, learned State Counsel sought instruction in the matter and as per instruction received, she submits that an employee holding the post of Head Master is going to retire soon and therefore posting order of petitioner in anticipation of vacancy to be fallen on account of retirement 3 can be passed. 3. Heard learned counsel for the parties and perused the documents annexed along with writ petition. 4. Considering the facts and circumstances of the case, submission of learned counsel for the parties, particularly submission made by learned State Counsel, this writ petition is disposed of permitting the petitioner to submit fresh representation before the authority concerned raising grievance as raised in this writ petition. In case petitioner files such representation, the authority concerned shall consider and decide in accordance with law expeditiously, keeping in mind the order dated 29.9.2024 (Annexure D-1). 5. Certified copy as per rules. Sd/- (Amitendra Kishore Prasad) Judge Nisha SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI