1 2025:CGHC:20935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1180 of 2025 1 - B.N. Yadaw S/o Late Mayaram Yadaw Aged About 57 Years Posted As Lecturer Government Higher Secondary School Kanki Block Kartala District- Korba (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur District- Raipur (C.G.) 3 - District Education Officer Korba, District- Korba (C.G.) 4 - C.L. Patel Posted As Lecturer Government Higher Secondary School Kanki Block Kartala District - Korba (C.G.) Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Ghanshyam Kashyap, Advocate For State : Mr. Ajit Singh, GA For Respondent No. 4 : None (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 07/05/2025 1. By the present writ petition, the petitioner, who is working as Incharge Principal and presently posted in Govt. Higher Secondary School Kanki, RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.09 11:35:23 +0530 2 Block-Kartala, District Korba, is questioning the order dated 18/07/2024 (Annexure P/1) whereby the respondent No.3/ District Education Officer, Korba has given charge of In-charge Principal to the respondent No.4 who is junior to the present petitioner. 2. Learned counsel appearing for the petitioner submits that handing over of the charge by replacing a senior to a junior employee is not permissible pursuance to the circulars dated 04/08/2011 and 16/05/2012 (Annexure P/5 & P/6 respectively) issued by the State Government. 3. Learned counsel appearing for the State would submit that though the order of handing over of charge to the respondent No.4 is not reflecting about misappropriation committed by the petitioner while discharging his duties as Incharge Principal but because of several irregularities committed by the petitioner, the charge has been handed over to the respondent No.4, hence there is no illegality in passing the impugned order dated 18/07/2024. 4. I have heard learned counsel for the parties and perused the documents. 5. It is not in dispute that the respondent No.4 is junior to the present petitioner. Handing over of the charge of In-charge Principal of Govt. Higher Secondary School Kanki, Block-Kortala, District Korba to the respondent No.4 vide impugned order dated 18/07/2024 who is junior to the petitioner is not in accordance with the circulars dated 04/08/2011 and 16/05/2012 (Annexure P/4 & P/5 respectively) issued by the State Government. 6. In view of the facts and circumstances of the case and particularly 3 considering the circulars dated 04/08/2011 and 16/05/2012 (Annexure P/4 & P/5 respectively) issued by the State Government, the impugned order 18/07/2024 (Annexure P/1) passed by respondent No.3 granting charge of In-charge Principal of Govt. Higher Secondary School Kanki, Block-Kortala, District Korba to respondent No.4 (who is junior to the petitioner herein) by removing the petitioner from the said post, is contrary to the guidelines framed in the aforesaid circulars, deserves to be and is hereby quashed. However, liberty is reserved for the respondents/ State to pass appropriate order at an appropriate stage, if so advised. 7. Accordingly, the present writ petition is allowed to the extent indicated above. Sd/- (BIBHU DATTA GURU) JUDGE Rahul