1 2025:CGHC:4354-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 23 of 2025 1 Girish Chandra Lahare S/o Shri Tikait Ram Lahare Aged About 51 Years R/o Gurukul, Pendra Road, District Gourella-Pendra- Marwahi (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, School Education Department, Secretariat Mahanadi Bhawan, Capital Complex, Nawa Raipur, District Raipur (C.G.) 2 Director Of Public Instructions, Directorate Of Public Educaiton, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 District Education Officer, District- Gourella-Pendra-Marwahi (C.G.) 4 Commissioner, Bilaspur District Bilaspur (Cg) 5 Shri Sanjay Verma, Lecturer, Government Higher Secondary School, Pakria, Block Gourella, District Gourella-Pendra-Marwahi (C.G.) ... Respondent(s) For Petitioner(s) : Shri B.P. Sharma along with Ms. Anmol Sharma, Advocate For Respondent(s) : Shri Y.S. Thakur, Addl A.G. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.24 22:15:20 +0530 2 Judgment on Board Per Ramesh Sinha, Chief Justice 24/01/2025 1. The applicant preferred the instant MCC for modification/ clarification of judgment dated 14.08.2024 passed by this Court in WA No. 511/2024. 2. Learned counsel appearing for the applicant would submit that by judgment dated 14.08.2024 passed in WA No. 511/ 2024, this Court has allowed the writ appeal and set aside the order passed by learned Single Judge in WPS No. 4029 of 2020 and despite the said fact the authorities are not complying with the judgment passed by this Court in WA No. 511/ 2024 in its letter and spirit and they are misinterpreting the same and hence the applicant would sought for modification/ clarification of the judgment dated 14.08.2024 passed in WA No. 511/ 2024. 3. Learned State counsel ex adverso would submit that while allowing the writ appeal, this court has been pleased to grant liberty to the authority concerned to pass fresh orders, in accordance with law. In compliance of the judgment of this Court, the authorities considered the case of the applicant (writ petitioner) and passed the detailed order dated 14.11.2024 (Annexure A-5) by which it has been categorically mentioned that it is not appropriate to place the applicant in the post of Block Education Officer and would pray for dismissal of the present MCC. 4. We have heard learned counsel for the parties and perused the documents. 5. This court by the judgment dated 14.08.2024 allowed the writ appeal No. 511/2024, observing thus at para-9 :- 9. Accordingly, the writ appeal is allowed and the impugned order dated 23.07.2024 passed by the learned Single Judge in WP(S) No. 4029 of 2020 is hereby set aside and consequently, the writ petition also stands allowed with the liberty to the authority concerned to pass fresh orders in accordance with law, within three weeks from the date of the receipt of a certified copy of this order. 3 6. From perusal of the aforesaid judgment, it is quite vivid that this Court allowed the writ appeal and granted liberty to the authority concerned to pass fresh orders in accordance with law. Thereafter, the concerned authority of the State government i.e. Secretary, Department of School Education considered the matter in detail and passed a reasoned and speaking order on 14.11.2024, whereby it has been observed that it would not be proper to continue the applicant on the post of Block Education Officer. 7. From the aforesaid facts and circumstances of the case, it is apparent that on passing of the order dated 14.11.2024 (Annexure A-5) a fresh cause of action arise in the matter. 8. In view of foregoing, the present MCC is dismissed, however, liberty is granted to the applicant to challenge the said order dated 14.11.2024 passed by the Secretary, Department of School Education,before the appropriate forum, if so advised . Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ Shoaib