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2025 DAILYLAW 59996 (CHH)

RAMESH KUMAR TIWARI v. STATE OF CHHATTISGARH

WPS/984/2025 · 2025-11-30

Shri Narendra Kumar Vyas

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:58242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8345 of 2024 Hajarilal Chakradhari S/o Late Arjun Ram, Aged About 52 Years Working On The Post Of Block Resource Coordinator- Ramanujnagar, Block Ramanujnagar, District Surajpur, Chhattisgarh. --- Petitioner(s) versus 1. State Of Chhattisgarh Through The Secondary, Department Of School Education, New Raipur, District : Raipur, Chhattisgarh 2. Managing Director State Project Office- Samagra Siksha, 2nd Floor Chhattisgarh Secondary Education Board, Pension Bada- Raipur, District : Raipur, Chhattisgarh 3. Collector Surajpur, District Surajpur, Chhattisgarh. 4. Chief Executive Officer/ Director District Project, Samagra Siksha- Surajpur, District Surajpur, Chhattisgarh. 5. District Education Officer Surajpur, District Surajpur, Chhattisgarh. 6. Block Education Officer Ramanujnagar, District Surajpur, Chhattisgarh. 7. Manoj Kumar Jaiswal Working On The Post Of Lecturer (L.B.), Posted At Govt. Higher Secondary School- Krishnapur, Block Ramanujnagar, District Surajpur, Chhattisgarh. --- Respondent(s) WPS No. 984 of 2025 Ramesh Kumar Tiwari S/o Late Shri Parshuram Tiwari Aged About 45 Years Working On The Post Of Cluster Academic Coordinator (C.A.C) Original Post Teacher (L.B.), R/o Village- Bagada, Post- Koteya, Tahsil And Police Station Pratappur, District Surajpur, Chhattisgarh. ---Petitioner(s) SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.12.10 11:33:55 +0530 2 Versus 1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Capital Complex Naya Raipur, Post Office Rakhi, District Raipur, Chhattisgarh. 2. The Managing Director Samagra Shiksha, Raipur, District Raipur, Chhattisgarh. 3. The Collector And District Mission Director Surajpur, District Surajpur, Chhattisgarh. 4. The District Mission Coordinator Samagra Shiksha, Surajpur, District Surajpur, Chhattisgarh. 5. The District Education Officer Surajpur, District Surajpur, Chhattisgarh. 6. The Block Education Officer Pratappur, District Surajpur, Chhattisgarh. 7. The Block Resource Coordinator Pratappur, District Surajpur, Chhattisgarh. 8. Smt. Anuradha Pankaj Working On The Post Of Teacher (L.B.), Government Middle School, Dadurapara, Bagda, Block- Pratappur, District Surajpur, Chhattisgarh. --- Respondent(s) WPS No. 8518 of 2024 Ajeet Kumar Tiwari S/o Shri Dadu Prasad Tiwari Aged About 43 Years Occupation - Assistant Teacher, Presently Posted As Cluster Academic Coordinator, Sankul Kendra, Paldha, Block - Pratappur, District - Surajpur Chhattisgarh ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh 2. The Collector And District Mission Director Joint District Office Building, First Floor Room No. 1 And 3, District - Surajpur Chhattisgarh 3. The District Education Officer District Surajpur Chhattisgarh 4. The Block Education Officer/ Block Resource Coordinator Pratappur, District - Surajpur Chhattisgarh 3 5. Vishnu Kumar Jaiswal Posted As Headmaster, Primary School, Dumarpara Paldha, Block - Pratappur, District - Surajpur Chhattisgarh --- Respondent(s) WPS No. 8359 of 2024 Pawan Kumar Jaiswal S/o Late Bhagwat Prasad Jaiswal Aged About 44 Years Working On The Post Of Teacher At Middle School- Mahuli, Block- Odagi, District Surajpur, Chhattisgarh. ---Petitioner(s) Versus 1. State Of Chhattisgarh Through The Secretary, Department Of School Education, New Raipur, District Raipur, Chhattisgarh. 2. Managing Director, State Project Office Samagra Siksha, 2nd Floor Chhattisgarh Secondary Education Board, Pension Bada- Raipur, District Raipur, Chhattisgarh. 3. Collector Surajpur, District : Surajpur, Chhattisgarh 4. District Mission Coordinator Samagra Siksha- Surajpur, District : Surajpur, Chhattisgarh 5. District Education Officer Surajpur, District : Surajpur, Chhattisgarh 6. Block Education Officer Odagi, District : Surajpur, Chhattisgarh 7. Sanjay Kumar Jaiswal Working On The Post Of Assistant Teacher, Posted At Govt. Primary School- Kachhwahi, Block- Odagi, District : Surajpur, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. A.N. Pandey, Mr. V.K. Pandey and Mr. D.N. Prajapti, Advocates For Respondent(s) : Ms. Akhanksha Jain, Advocate For Respondent(s) Mr. C.B. Kesharwani and Mr. Shashi Kumar Kushwaha, Advocates For Respondent(s) Mr. D.N. Prajapti, Advocate in WPS No. 984 of 2025 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 4 01/12/2025 1. Since common question of law and facts are involved in these three writ petitions, they are heard together and are being disposed of by this common order. 2. The Petitioners have filed these writ petitions by which temporary assignment given to them on the post of Cluster Academic Coordinator (CAC), Block Resources Coordinator (BRC) respectively have been withdrawn on account that in their absence the education work of the school where they are originally posted are being adversely effected. 3. Details of the order under challenged, date of order and temporay assignment given to them are given in the table form. WPS No. Name of Petitioner Date of Order granting assignment Date of withdrawal of the assignment Temporary Assignment 8518 of 2024 Ajeet Kumar Tiwari 12.11. 2021 09.12.2024 Cluster Academic Coordinator (CAC) at Cluster Centre, Paldha Block Pratappur District Jashpur 8345 of 2024 Hajarilal Chakradhari 28.04. 2023 11.12.2024 Block Resources Coordinator Ramanujna 984 of 2025 Ramesh Kumar Tiwari, 27.12. 2024 17.01.2025 Cluster Centre, Bagda Block Pratappur District Jashpur 8359 of 2024 Pawan Kumar Jaiswal 12.06. 2017 05.12.2024 Cluster Centre, Mahuli Block Odagi District Surajpur 4. Counsel for the petitioners would submit that the petitioners were appointed as Cluster Academic Coordinator (CAC) at different centers by District Mission Director to supervise standard of school education, coordination with the other authority of the respective schools for 5 upliftment of education and they were discharging their duty with seniority. It has been further contended that just to accommodate private respondents the impugned order has been passed in one of the case in (WPS No. 8345 of 2024) due to political intervention of local MLA, as such it is political motivated order. 5. Learned counsel for the petitioners would further submit that these orders suffer from illegality, perversity and political intervention to accommodate the private respondents who are juniors to the petitioners as per gradation list whereas the duty which has been discharged by the petitioners required experience of education administration as such, the impugned order is nothing but suffers from illegality perversity and would pray quashing of the impugned order by which their temporary assignment as CAC or BRCC may kindly be quashed. 6. On the other hand learned counsel for the respondents and counsel for respondent No.2 would submit that the petitioners were given additional charge of Cluster Academic Coordinator (CAC) or Block Resources Coordinator for two years as per their terms of assignment which has already been expired and in view of the interim order the new incumbents are unable to perform their duty causing hindrance in the school administration. She would further submit that the petitioner in WPS No. 984 of 2025, where 19 teachers are already working, as such deployment of petitioner has been withdrawn as it is necessary for smooth function of the school. She would further submit that on account of unfortunate death of earlier BRCC the petitioner in WPS No. 8345 of 2024 was posted and now new incumbent has been appointed from other school, as such there is justifiable reason for 6 withdrawal of order. She would further submit that even otherwise, the assignment given to them is purely temporary which can be withdrawn by the respondents as and when administrative exigency is required. It has also been contended that by withdrawn temporary assignment the service conditions of the petitioners are not adversely affected. It has also been contended that as per temporary assignment order, it has been mentioned that the appointee should take at least three periods in day which has not been complied by them and would pray for dismissal of the writ petitions. 7. Mr. A.N. Pandey, learned counsel for the petitioner in WPS No. 8345 of 2024 would submit that two years restriction period is not there in the assignment order, therefore, he would pray for allowing to continue work there. 8. Counsel for respondent No. 8 in WPS No. 984 of 2025 would submit that he does not intent to make any submission in this case on behalf of respondent No.8. 9. I have heard learned counsel for the parties and perused the record. 10. Admittedly the petitioners are not regularly appointed as CAR or BRC and the petitioners are basically lecturers in their respective department and foremost duty is to impart education in their respective schools but they are not discharging their duties though temporary assignment order it has been mentioned that the appointee should take at least three periods in a day which is essential condition for assignment but they are miserably and deliberately not following the conditions enumerated in the temporary assignment order. Even otherwise, except one of case of BRCC all the petitioners who were given temporary assignment of CAC tenure of two years has already 7 been expired, as such there is no justifiable reason for this court to continue the appointment after expiring of period. 11. Further considering that the petitioners were given additional charge, and the petitioners have no right to hold the post as it is not substantive post and no service conditions of the petitioners are being adversely affected, therefore, I am of the view that the writ petitioners are liable to be dismissed and the same are hereby dismissed. 12. Before parting with this case, it is expedient for this Court to issue direction to Director, Samgra Sikha Mission, State of Chhattisgarh that henceforth a proper supervision with regard to functioning of CAR or BRCC should be conducted and a periodical check is carried out whether they are really taking three period in their substantive post or not and if they failed to discharge essential condition for assignment suitable action in this regard should be taken against them as originally their substantive post is teaching and they have to teach to the students for upliftment of the standard of education in the State of Chhattisgarh. In addition to this they have to supervise standard of education in their cluster meticulously which will be in the larger interest of student. 13. Interim order granted earlier in all the writ petition are stands vacated. Sd/- (Narendra Kumar Vyas) Judge Santosh