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2025 DAILYLAW 51598 (CHH)

LOKESHWAR KUMAR BAGHEL (Wrongly mention as Lokesh) v. THE STATE OF CHHATTISGARH

WPS/1700/2023 · 2025-11-11

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:55243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1700 of 2023 1 - Lokeshwar Kumar Baghel (Wrongly Mention As Lokesh) S/o Mr. Budga Ram Baghel, Aged About 38 Years R/o Village Kalmidih, Post Beladula, Tahsil Jaijaipur, District : Sakti, Chhattisgarh. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Its Secretary, Education Department. T. Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - Assistant Commissioner, Tribal Development, Janjgir Champa/sakti Chhattisgarh. 3 - The Collector, Sakti Chhattisgarh. 4 - District Education Officer, District Sakti Chhattisgarh. 5 - Vijay Singh Jagat, Assistant Teacher Lb Cum Superintendent Govt. Tribal Boys Asharam Masaniyakhurd, Block Sakti District Sakti Posted At Schedule Caste Boys Ashram Tushar, Block Jaijaipur, District Sakti, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Parag Kotecha, Advocate. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Respondent(s)/ State : Mr. Rahul Tamaskar, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/11/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “1. Issue a writ in the nature of Certiorari or like writ by quash-ing/setting aside the impugns order dated 12/1/23 issued by respondent No.2. 2 Direct the respondents not to disturb the petitioner from the post of Superintendent, Schedule Case Boys Asharam, Tushar, Block Jaijaipur, Distt. Sakti. 3 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Brief facts of the case, is that, the petitioner respectfully challenges the impugned order dated 12.01.2023 issued by respondent No. 2, whereby the charge of Superintendent has been arbitrarily assigned to respondent No. 5, who is working as an Assistant Teacher (L.B.) and is admittedly much junior to the petitioner. By the same order, the petitioner’s designation has been erroneously shown as “Assistant Teacher Panchayat,” whereas she is in fact serving as a “Teacher (L.B.),” which clearly reflects a factual error on the part of the authorities. The impugned 3 order has been passed in complete contravention of the prevailing Government instructions and without issuance of any specific order affecting the petitioner’s position. The said order being illegal, arbitrary, and contrary to established norms, deserves to be quashed in the interest of justice, hence, this petition has been preferred. 3. Learned counsel for the petitioner submits that at this stage, the petitioner does not want to press the present petition. However, he prays that liberty may be granted to the petitioner to revive this petition or to file a fresh petition in accordance with law, as and when the circumstances so warrant or any exigency arises necessitating such action. 4. No objection has been raised from other side. 5. Accordingly, the writ petition is disposed of with the aforesaid liberty. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat