1 2025:CGHC:58989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2912 of 2023 1 - Horilal Sahu S/o Swathiram Sahu Aged About 47 Years Head Master Posted At Government Primary School Ramhepur Sankul Lormi, District- Mungeli, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, Chhattisgarh. 2 - Under Secretary, Department Of School Education Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh. 3 - Collector, Mungeli District- Mungeli, Chhattisgarh. 4 - District Education Officer, Mungeli District- Mungeli, Chhattisgarh. 5 - Block Education Officer, Lormi District- Mungeli, Chhattisgarh. 6 - Rekha Sharma Head Master, Posted At Government Primary School, Dhodhapara, Block Lormi, District- Mungeli, Chhattisgarh. ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. B.S. Rajput, Advocate. For Respondent(s)/State : Mr. Rahul Tamaskar, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(1) That, this Hon'ble Court may kindly be pleased to call for the service record of the respondent no. 6 for kind perusal. (2) That this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions respondents authorities and be set aside the order dated 11/11/22 Annexure P/1 and be maintained the order dated 10/10/2022 so for the relates at He posting place of the petitioner. (3) That this Hon'ble Court may kindly be pleased to set aside the promotion order of the respondent no. 6 dated 10/10/22 on the post of Head master, she is not to having the requisite qualification for promotion on the said post. (4) That, this Hon'ble Court may further be pleased to issued the direction to the respondent no. 4 to be taken the necessary action on the complaint against the respondent no. 6 according to the rules. 3 (5) Any other relief may also be granted in the case as may deem fit by the Hon'ble Court as per the facts and circumstances of the case.” 2. Brief facts of the case, is that, the petitioner was posted as an Assistant Teacher (LB) at Government Primary School Muchhel, Block Lormi, and was subsequently promoted to the post of Head Master at Government Primary School Ramhepur, Block Lormi, vide promotion/posting order dated 10.10.2022 issued by respondent No. 4, where he duly joined. On the same date, respondent No. 6, who was serving as an Assistant Teacher (LB) at Government Primary School Ramhepur, was also promoted to the post of Head Master and posted to Government Primary School Dhodhapara, Block Lormi. Thereafter, on 19.10.2022, she submitted an application to respondent No. 5 through the petitioner, stating that although she was posted as Assistant Teacher (LB) at Government Primary School Ramhepur, her promotion order had posted her as Head Master at Government Primary School Dhodhapara, Baranpur, Block Lormi, and she did not wish to accept the promotional posting. Instead of taking appropriate action against respondent No. 6, respondents No. 4 and 5, in an illegal and arbitrary manner, modified the posting orders and swapped the postings, placing respondent No. 6 in the petitioner’s position and transferring the petitioner to Government Primary School Dhodhapara vide impugned order dated 11.11.2022. Hence, the present petition has been filed seeking 4 issuance of an appropriate writ, order, or direction to set aside the amended posting order dated 11.11.2022 and to maintain the petitioner’s earlier posting order. 3. Learned counsel for the petitioner submits that the primary relief sought in the petition, namely Relief Nos. 2 and 3 pertaining to the prayer for setting aside the order dated 11.11.2022, has already been duly redressed by the concerned authorities, and therefore no further adjudication is required in that regard. It is further submitted that only the remaining portion of the reliefs claimed in this petition now survives for consideration before this Hon’ble Court, and the petitioner accordingly confines his submissions to the said residual claims. 4. On the other hand, learned counsel for the State submits that in the event the petitioner chooses to file an appropriate application before the concerned authorities, the same shall be duly considered and decided by the said authorities within a reasonable and stipulated period, strictly in accordance with law and after affording due opportunity of hearing to the petitioner. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the overall facts and circumstances of the case, and taking into account the submissions made on behalf of the parties, it is deemed appropriate to direct the petitioner to submit an appropriate application before the competent authority for redressal of his grievance; and, correspondingly, the concerned 5 authority shall consider and decide such application strictly in accordance with law, by passing a reasoned and speaking order, as expeditiously as possible, preferably within a period of 45 days from the date of receipt of copy of this order. 7. With this observation and direction, the writ petition is disposed of. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat