1 2025:CGHC:1324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8507 of 2024 • Smt. Vinita Chaubey W/o Shri Dilip Kumar Chaubey Aged About 53 Years Posted As Head Master At Govt. Primary School Pipraul, Block - Ramchandrapur, District Balrampur Ramanujganj Chhattisgarh, R/o Ward No. 5, Buddhutola, Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2. Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3. Collector Balrampur, District Balrampur Ramanujganj Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 4. District Education Officer Balrampur, District Balrampur Ramanujganj Chhattisgarh. 5. Block Education Officer Block Ramchandrapur, Head Office Balrampur, District Balrampur Ramanujganj Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Dharmesh Srivastava, Advocate. For Respondent/State : Mr. Khulesh Sahu, PL Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No. 4 to consider the petitioner for posting after promotion at Government Primary School, Rampur or Government Primary School, Dadarpara which are situated in the same 3 block where the petitioner is discharging her duties. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner. 2. Brief facts of the case is that the petitioner is not challenging any particular order but it is filed against illegal, arbitrary and mala- fide action on the part of the respondent authorities, whereby the respondent authorities contrary to the directive of the State Government policy passed the order of posting of the petitioner in Government Primary School, Pipraul, Block Ramchandrapur, whereas she was posted in Government Primary School, Lurgi and after her promotion a counseling was conducted and she was posted at Tameshwar Nagar but the aforesaid orders of postings were cancelled and new counseling was conducted where she prayed for her transfer/posting to Government Primary School Dadarpara, Lurgi, Rampur or Tameshwar Nagar but ignoring the prayer of the petitioner in counseling, she has been directed to be posted at Government Primary School, Pipraul and subsequently she has been relieved on 30.09.2024 by the 4 learned Block Education Officer, Block Ramchandrapur, District Balrampur-Ramanujganj (C.G.). 3. Learned counsel for the petitioner submits that the identical petitions have been decided in which a direction has been issued to consider the case of the petitioner and to post the petitioner at the place in accordance with law. As the petitioner being a woman has been posted after counselling Government Primary School, Tameshwar Nagar in which the petitioner was working. Upon promotion she has been posted to Government Primary School, Tameshwar Nagar as Headmaster T-Cadre. However, subsequently the said order has been amended and she has been posted at Government Primary School, Pipraul. The petitioner submits that post is still lying vacant in Government Primary School, Tameshwar Nagar and the petitioner may be posted at Government Primary School, Tameshwar Nagar where the post is lying vacant but instead of that the petitioner has been posted at Government Primary School, Pipraul and the petitioner has filed an application for her posting at Government Primary School, Tameshwar Nagar. There are other adjoining schools which are lying vacant and the petitioner can be posted in that schools. Therefore, petitioner may be permitted to submit fresh representation before respondent No. 4 raising all grounds and direction be issued to respondent No. 3 to take decision on the 5 representation within specified time. 4. Learned counsel for the State submits that in view of limited prayer made by learned counsel for petitioner, he is having no objection. If any representation is submitted, it will be considered in accordance with law. 5. Considered submission made by learned counsel for the respective parties, in particular submission of learned counsel for petitioner, this writ petition is disposed of permitting the petitioner to submit a fresh representation before respondent No. 4 raising her grievance as raised in this writ petition. In the event, petitioner submits representation, respondent No. 4 shall take decision on the representation to be submitted by petitioner, in accordance with law expeditiously preferably within a period of three weeks from the date of receipt of this order. 6. Accordingly, this petition is disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat