1 2025:CGHC:5987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 945 of 2025 1 - Dhiraj Kumar Soni S/o Late Shir Jaikaran Swarnkar Aged About 42 Years Working As Assistant Teacher (L.B.) At Government Primary School Koriyapara Tifra Block Bilha District - Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary School Education Mahanadi Bhawan Naya Raipur Atal Nagar District - Raipur (C.G.) 2 - The Director Public Instruction Directorate Indravati Bhawan Naya Raipur Atal Nagar District - Raipur (C.G.) 3 - The Collector District - Bilaspur (C.G.) 4 - The District Education Officer District - Bilaspur (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Ashwani Shukla, Advocate For State/Respondent(s) : Ms. Poorva Tiwari, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 03/02/2025 1. Heard Mr. Ashwani Shukla, learned counsel for the petitioner as RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.14 17:24:36 +0530 2 well as Ms. Poorva Tiwari, learned Panel Lawyer for the State/respondent/s. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “(i) That, this Hon'ble court may kindly be pleased to direct to the respondent no.03 & 04 to consider the case of the petitioners by giving promotion to the post of Head Master Primary School through counselling. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent no.3 & 4 to fallowed the posting guidelines dated 07/02/2022, 07/11/2022 & 29/03/2023 issued by the res no.1 & 2. (iii) That, That, this Hon'ble Court may kindly be pleased to direct the respondent no.3 & 4 to decide the pending request on dated 26.12.2024 for changing the place of posting. (iv) Any other relief / reliefs which may deem fit and proper in the facts and circumstances of the case, may also be allowed.“ 3. Brief facts of the case is that the petitioner is presently working as Assistant Teacher (L.B.) under the department of school education and is posted at Government Primary School, Koriyapara, Tifra, Block Bilha, District Bilaspur. The Director, Public Instruction and office of Res. No.1 vide letter dated 07.02.2022, 07.11.2022 & 29.03.2023 have issued directions in respect of granting posting to the promoted Head Master that if the post of Head Master is lying vacant in the same school where they are presently posted as Assistant Teacher in such case they should be given posting in 3 the same institution further that if posts are lying in the same Block in that case they should be given posting in the same Block and if no post in lying in Block in such case within the District and if no post is vacant in the District in such condition they should be given posting in nearby District. At the time of issuance of promotion order dated 27/12/2024 the petitioner was posted as Assistant Teacher (L.B.) in Koriyapara Tifra Block Bilha. No post was vacant in same school but post vacant in nearby Primary School Arya Colony Tifra and number of posts lying vacant in Block Bilha yet the petitioner has been posted at Takhatpur Block. The respondent no. 4 has issued list of vacant promotional posts of Head Master Primary School in district Bilaspur, the vacant post of Head Masters is available in Block Bilha and nearby petitioner's school i.e. Arya Colony Tifra, according to list no post is vacant in Primary School Arya Colony Tifra but after retirement of Head Master of primary school on July 2023 the post of Head Master is lying vacant in such school, this regard incharge Head Master has issued certificate. (ANNEXURE-P/2). The counselling process was done by the committee constituted by collector as per the guideline issued by the department, and list of eligible candidate published by the District education officer Bilaspur, the petitioner name shown in Sl. No.60. The District Education Officer, Bilaspur vide order dated 27.12.2024 promoted the petitioner to the post of Head Master Primary School and in violation of guidelines posted at different Block thorough counselling process. 4 4. Learned counsel for the petitioner submits that after promotion of the petitioners to the post of Headmaster of Primary School, a counseling was directed to be done so that the petitioners and likewise headmasters may be posted as per their promotion order. However, without any counseling the other promotees have been posted to Kota & Masturi respectively. Though the petitioner submits that as per circular of the State Government dated 07.02.2022 a direction has been issued that if the post are lying vacant, the promoted teachers may be posted in the same school from where they were promoted. According to the petitioner, posts are lying vacant in the said schools itself which is evident from annexure P/4 dated 27.12.2024. As such he is praying that the effect and operation of posting order may kindly be quashed. 5. Heard the respective counsels. Since the counsel for the petitioner is only seeking a direction to this effect that the respondent authorities shall decide the representation filed by the petitioner within four weeks from the date of production of copy of this order. 6. However, considering the facts and circumstances of the case, particularly taking note of memo dated 07.02.2022 issued by the Director, Public Instruction. The effect and operation of posting order dated 27.12.2024 in respect of the present petitioner is hereby stayed and they are allowed to work in their respective 5 schools where they are working before promotion, till the representation filed by the petitioner is decided. 7. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi