1 2025:CGHC:7216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1062 of 2025 1 - Smt. Shubhnay Gole W/o Ram Mohan Gole Aged About 41 Years Working As A Lecturer (L B) (Biology), Govt. Aatmanand Higher Secondary School Sarkanda Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya, New Raipur, District- Raipur (C.G.). 2 - Collector Bilaspur District Bilaspur (C.G.) 3 - Joint Director Education Officer Bilaspur, (C.G.) 4 - District Education Officer Bilaspur, District Bilaspur (C.G.). 5 - Principal Govt. Higher Secondary School Sarkanda, Bilaspur (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Akhilesh Mishra, Advocate For State : Mr. Kanwaljit Singh Saini, P.L. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 10.02.2025 1. The present petition has been filed seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and may further be pleased to direct the respondent no. 2 to VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 continue the service of the petitioner in present place of posting. 10.2 That review and rectify the erroneous order ensure that petitioner was not suffer and service condition of the petitioner not adversely affected. 10.3 That directs, the respondents to decide the representation of the petitioner to address any issues related to the Petitioner's service conditions. 10.4 That, this Hon'ble Court may kindly be pleased to call for the entire records. 10.5 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.” 2. The petitioner has filed the present petition with an apprehension that he will not get salary and her deputation with Swami Atmanand Utkarisht Hindi Medium School will adversely be affected in view of subsequent action taken by the respondent as salary of the petitioner is directed to be withdrawn from Government Higher Secondary School Amne, Block Kota. 3. Learned counsel for the petitioner would submit that since the salary of the petitioner is not being paid from the establishment where the petitioner is presently posted at Swami Atmanand Utkarisht Hindi Medium School, as such the petitioner has filed the petition and prayed that District Education Officer,Bilaspur be directed to draw the salary from Government High Secondary School Sarkanda and also restrained in creating hindrance with regard to deputation of the petitioner at Swami Atmanand 3 Utkarisht Hindi Medium School. He would further submit that salary for the month of March and April,2024 has not been paid to her. 4. Considering the submission regarding non payment of salary for the month of March and April, this Court has directed the respondent/State to verify and submit its report. 5. In pursuance of direction, State counsel with Nodal Officer would inform this Court that the salary for the month of March and April 2024 is to be paid to the petitioner within 7 to 10 days from today. Learned counsel for the State would submit that by withdrawing salary from other school the service condition of the petitioner is not adversely effected as it has been done due to non-availability of sanction post. It has also been stated that to protect the interest of the petitioner, her salary is being paid from other institution otherwise, she may be posted where the vacancies are available. He would further submit that since no fundamental right of the petitioner is being adversely affected; therefore, the present petition is not maintainable at this stage. 6. Considering the fact that grievances of the petitioner has already been redressed, I am not inclined to entertain this petition further. For the reason that the service condition of the petitioner is not being adversely affected and the service record of the petitioner will be kept where the petitioner is presently working, as such also she will not face any difficulty in discharging her duty. 7. Accordingly, the writ petition is disposed off. However, liberty is 4 granted to the petitioner if service condition of the petitioner is adversely affected on account of any action taken by the respondents, the petitioner is at liberty to file fresh petition challenging the same. sd/- (Amitendra Kishore Prasad ) Judge Vishakha