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2025 DAILYLAW 9610 (CHH)

SUSHMA BAGGA v. STATE OF CHHATTISGARH

WPS/1307/2025 · 2025-02-19

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:8783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1307 of 2025 1 - Sushma Bagga D/o Late Mandanlal Bagga Aged About 62 Years R/o Rajasva Colony, Sanjay Height C Block Gali Sarkanda, Bilaspur, Distt- Bilaspur ( C.G. ). ... Petitioner versus 1 - State of Chhattisgarh Through- Its Secretary, Department Of Scheduled Caste And Scheduled Tribe Development, Mahanadi Bhawan, Mantralay, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District- Raipur (C.G.). 2 – Director, Directorate of Public Instructions Indrawati Bhawan, Nava Raipur, Distt- Raipur (C.G.). 3 - Collector District Korba, Chhattisgarh 4 - District Education Officer Korba, Distt- Korba (C.G.). 5 - Principal Govt. Higher Secondary School, Pali, Distt- Korba ( C.G. ). ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Vivek Kumar Shrivastava, Advocate For State/Respondents : Ms. Nupur Trivedi, Panel Lawyer Digitally signed by GOPAL SINGH Date: 2025.02.20 17:34:40 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 19/02/2025 1. The petitioner was initially appointed on the post of Upper Division Teacher in Middle School, Bhilaibazar, Block Development Katghora, Districrt Bilaspur by order dated 29.1.1994 issued by the office of Deputy Commissioner, Tribal Development, Bilaspur Division and on being promoted to the post of Lecturer, vide order dated 3.11.2009, she was posted at Higher Secondary School, Pali, District Korba. As per order dated 17.12.2024 issued by the Director, Public Instructions, Raipur, she is going to retire on her attaining the age of superannuation on 28.2.2025. Though she made application on 5.2.2025 to the District Education Officer, Korba for her reappointment for the session 2024-25 in the Government Higher Secondary School, Pali, it has not been considered till date. As the action of the respondent authorities retiring the petitioner at the fag end of the academic session is per se contrary to the circulars dated 30.1.2024 and 7.2.2024 (Annexures P3 and P4) issued by the Under Secretary, Government of Chhattisgarh, Department of School Education, this petition is made. 2. By this petition, the petitioner seeks the following reliefs: “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. (ii) That this Hon'ble Court may kindly be pleased to direct the respondent authorities to permit the petitioner to continue her duties as Lecturer in Govt. Higher Secondary School, Pali, Distt. Korba for the current academic session 2024-25 in light of circular date 30.1.2024 and 7.2.2024 (Annexure P/3 & P/4). 3 (iii) Any other relief which this Hon'ble Court may deem fit and proper in the given facts and circumstances of the case.” 3. Learned counsel appearing for the petitioner, at the outset, submits that the petitioner is going to retire on 28.2.2025 and the academic session would be upto April, 2025, therefore, she is seeking only relief that her services may be extended/continued till the end of the current academic session which is said to have completed on 30.4.2025. 4. Considering the fair prayer made by learned counsel for the petitioner and the above-mentioned circulars (Annexures P3 and P4) in respect of extension of service to be granted to a retired employee, the respondents authorities are directed to consider the case of the petitioner and pass appropriate orders in respect of extension of her services upto 30.4.2025. 5. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh