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2025 DAILYLAW 44794 (CHH)

RAJKUMARI SONI v. STATE OF CHHATTISGARH

WPS/7856/2024 · 2025-05-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:20998 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7856 of 2024 1 - Rajkumari Soni W/o Ravi Kumar Aged About 40 Years R/o 59/15/a, Risdi Pipe Line, Korba, District - Korba, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Department, Raipur, District Raipur, Chhattisgarh. 2 - Director, Directorate Of Public Instructions, Raipur, District Raipur, Chhattisgarh. 3 - District Education Officer, Korba, District Korba, Chhattisgarh. 4 - Block Education Officer, Kartala, Korba, District Korba, Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Gyan Prakash Shukla, Advocate For Respondents/ State : Mr. Soumitra Kesharwani, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/05/2025 1. By the present writ petition, the petitioner, who is posted as Lecture (LB) Commerce in Government Higher Secondary SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.12 11:14:05 +0530 2 / 4 School, Kudmura, District Korba, is seeking a direction towards the respondent authorities to revise the order dated 21/06/2024 and to post the petitioner in the school where post of Lecturer (LB) Commerce is lying vacant in District Korba, which is near to his residence. 2. Learned counsel appearing for the petitioner by referring Annexure P/2 submits that pursuance to the order passed by this Court in WPS No.8147/2022, the respondent State has posted the petitioner in the Government Higher Secondary School, Kudmura, District Korba however, when the petitioner in compliance to the said order dated 21/06/2024, trying to join in Kudmura, the District Education Officer sought a direction from the DPI that two posts of Lecturer (LB) commerce in Government Higher Secondary School are not lying vacant and there is no post for the petitioner to join and thereafter the District Education Officer directed the petitioner to continue in the Government Higher Secondary School, Kudmura though the posts are not available for the petitioner. The Deputy Director vide its communication dated 16/07/2024 proposed the transfer of the petitioner to place where post of Lecture (LB) Commerce were lying vacant along with the said communication the Deputy Director has also informed the Under Secretary, State of Chhattisgarh, Department of School Education, that the Government Higher Secondary School, PWD Rampur, Block Development Korba and in Government Higher Secondary School, Tarda, Block Development Kartala, District Korba were lying vacant. In spite of the sad intimation till date 3 / 4 respondents have not revised the transfer order though the petitioner is continuing his service in the Government Higher Secondary School, Kudmura. He further submits that presently in the Government Higher Secondary School, PWD Rampur, Block Development Korba the post of Lecturer (LB) is still lying vacant and the petitioner can be adjusted in the said school however, the respondents are not revising the transfer order dated 21/06/2024 by showing one or other reason which is not at all acceptable. 3. Learned counsel appearing for the State submits that if in the said two schools, the posts are still lying vacant, the petitioner can be adjusted by amending the transfer order dated 21/06/2024. 4. I have heard learned council for the parties and perused the documents. 5. Perusal of the pleadings would show that the petitioner has been transferred to Government Higher Secondary School, Kudmura, District Korba and further it appears from the communication of the Deputy Director that the proposal has been sent to the State Government to revise the transfer order dated 21/06/2024. 6. In view of the above, the writ petition is disposed of with a direction to the respondent No.1/ Secretary, Department of School Education to revise the order dated 21/06/2024 and to post the petitioner in Government Higher Secondary School, PWD Rampur Block Development Korba where the Deputy Director has proposed that the post of Lecturer (LB) Commerce is lying vacant. The aforesaid exercise be done within a period of 10 days from 4 / 4 the date of receipt of a copy of this Order. 7. The petitioner is at liberty to apprise the respondent authorities with regard to the order passed by this Court. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar