Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:5986
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 939 of 2025 1 - Smt. Hemlata Dhruw D/o Shri, Milan Singh Dhruw Aged About 41 Years Working As Lecturer (English) At Kashturba Gandhi Girls School, Bakawand, Block- Bakawand, District Baster At Jagdalpur, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh. 2 - The Collector, Jagdalpur, District Baster At Jagdalpur, Chhattisgarh. 3 - District Education Officer Jagdalpur, District Baster At Jagdalpur, Chhattisgarh. 4 - Block Education Officer Bakawand, District Baster At Jagdalpur, Chhattisgarh. Digitally signed by RAGHVENDRA JAT
5 - Smt. Lalita Kashyap Working As Teacher (L.B.) At Govt. Middle School Korta, Block- Bakawand, District Baster At Jagdalpur, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Somkant Verma, Advocate. For Respondent(s)/ State : Mr. Vivek Sharma, Addl. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 03/02/2025
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 quash order of attachment dated 20.01.2025 (Annexure P- 1) passed by the respondent No.-3. 10.2 Any other relief Hon'ble court deemed to be fit in favor of the petitioner.”
2. Brief facts of the case, is that, the petitioner is working as Lecturer (L.B.) T cadre at Kashturba Gandhi Girls School Bakawand, Block-Bakawand, District-Baster at Jagdalpur. The petitioner is challenging order dated 20.01.2025, passed by the respondent No.-3, whereby service of the petitioner was attached from present place of posting i.e. Kashturba Gandhi Girls School Bakawand to Govt. High School Mohlai 1, Bakawand, the service
of the petitioner attached by respondent No.-3 within Block- Bakawand. The respondent No.-3 issued impugned order, whereby attached the service of the petitioner 60 K.M. away from present place of posting, whereas there is complete ban on attachment of an employee from one place to other place. On 04.06.2001, State Government Department of General Administration, issued circular, whereby, State Government has totally banned attachment of service of employees, from one place to other place. As per circular, State Government prohibited attachment of service of employees. The respondent No.-3, issued impugned order whereby attached service of the petitioner from Kashturba Gandhi Girls School Bakawand to Govt. High School Mohlai -1, Bakawand, whereas respondent No.-3 has no jurisdiction to attached service of the petitioner at any other place.
3. Learned counsel for the petitioner submits that the petitioner was attached from present place of posting i.e. Kashturba Gandhi Girls School Bakawand to Govt. High School Mohlai 1, Bakawand. He further submits that at present the State Government has banned the attachment of any employee as such he submits that the order is not in accordance with law and is liable to be quashed.
4. On the other hand, learned counsel for the State objected the
same.
5. Considering the facts and circumstances of the case, considering the fact that attachment order has been passed against the petitioner and further considering the order dated 20.01.2025, this Court is of the opinion that the order is liable to be quashed, however, the respondent authorities are at liberty to pass appropriate orders against the petitioner.
6. With this observation and direction, the writ petition stands
disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat