1 2025:CGHC:2675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8313 of 2024 1 - Madhuri Karsal D/o Shri K.R. Karsal, Aged About 50 Years R/o B-07, Swastik Colony, Khamtarai, Police Station-Sarkanda, Bilaspur, District- Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District-Raipur (C.G.) 2 - Joint Director, Department Of Public Education Bilaspur Division, Bilaspur, District-Bilaspur (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Manish Kumar Saluja, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 15/01/2025 1. Heard. 2. By way of this writ petition, the petitioner have prayed for following reliefs: Digitally signed by RAVI SHANKAR MANDAVI 2 “10.1. Issue an appropriate writ/order/direction, to the Respondent No.2 to consider the difficulties of petitioner and decide the representation within the stipulated time period. 10.2. Any other relief as deemed fit by this Hon’ble Court.” 3. Learned counsel for the petitioner submits that the petitioner is presently posted as Head Master in Govt. Primary School, Chhindbhouna, Cluster- Taraimal, Block-Taraimal, District- Raigarh (C.G). On 18.08.2023 the petitioner was promoted from the post of Assistant Teacher (LB) to the post of head Master and was posted at Govt. Primary School, Chhindbhouna, Cluster Taraimal, Block-Taraimal, District- Raigarh (C.G) with no blemished record. Thereafter in February 2024 disputes regarding the management of Mid-Day Meal Scheme for school students starts in the School and the petitioner raised the issue of disruption in the mid-day meal scheme and intimated and apprised the Block Education Officer, Block- Tamnaar, District- Raigarh (C.G) vide letter dated 13.02.2024. The petitioner vide letter dated 23.02.2024 informed the District Education Officer, Raigarh and Sub-Divisional Officer (Revenue), Gharghoda, District- Raigarh (C.G) stating that some unpleasant may happen in school due to the disruption being caused by the subordinates of the petitioner herein namely one Shri Sanyasi Gupta (Assistant Teacher) and Smt. Sachhi Gupta (Assistant Teacher) who were creating nuisance and are disrupting the normal functioning of the 3 school and one also adversely affecting the Mid-day meal scheme. The said teachers and the outside person i.e. one Gurudayal who is the husband of the lady who is operating the Mid-day meal scheme in the name of Maa Banjari, the women Self Help Group had threatened the petitioner of dire consequences and had also caused damage to the petitioner's vehicle, complaint of which is made by the petitioner to In- charge, Police Station Punjipathra, District Raigarh on 13.04.2024. To the utter shock to the petitioner herein, the subordinate teachers who were interfering and disrupting the petitioner in discharging her duties, namely, Shri Sanyasi Gupta (Assistant Teacher) and Smt. Sachhi Gupta (Assistant Teacher), had an altercation and physically assaulted with the petitioner on 23.07.2024 and petitioner was badly injured. The petitioner on the very same day preferred a written complain to the Station In-charge, Police Station Punjipathra, District Raigarh. On the very next day, i.e. on 24.07.2024 the petitioner preferred a detailed representation to the District Education Officer, Raigarh, Dist:-Raigarh (C.G) informing/apprising that Shri Sanyasi Gupta (Assistant Teacher) and Smt. Sachhi Gupta (Assistant Teacher), who are the subordinates of the petitioner in the same Govt. Primary School, had an altercation and physically assaulted the petitioner. on the complaint of the petitioner Police Station- Punjipathra, District Raigarh, neither lodged any FIR nor done any investigation for which petitioner has moved an application under section 173(4) 4 BNSS, 2023 on 19.09.2024 (Copy of which is annexed herewith as Annexure P/12) in order to lodge FIR against the Subordinate Assistant Teacher Sacchi Gupta which is still pending before the learned Judicial Magistrate First Class, Gharghoda, District Raigarh (C.G). As such, the petitioner and her family is in deep fear of some unpleasant happening and danger of life of Petitioner, and petitioner made representation to the Joint Director, Education, Bilaspur Division, Bilaspur, Dist:- Bilaspur (C.G)to order her to attach/transfer her to any place near to her home town in District Bilaspur so that she can perform her duties without any fear. (Copy of representation by the petitioner to the Joint Director, Education, Bilaspur Division, Bilaspur, Dist:- Bilaspur (C.G) is annexed herewith as Annexure P/1) which is still pending. Therefore learned counsel for the petitioner submits that till decision of the representation, he may be given some interim protection. 4. Accordingly, this petition is disposed of with the direction that the Joint Director shall decide the representation of the petitioner within a period of two months and till decision of the said representation, the effect and operation of impugned transfer order dated 01.08.2024 (Annexure P/10) is hereby stayed. 5. Accordingly this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi