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2026 DAILYLAW 23878 (CHH)

UMESH MISHRA v. STATE OF CHHATTISGARH

WPS/4907/2026 · 2026-06-30

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:26845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4907 of 2026 Umesh Mishra S/o K.P. Mishra Aged About 56 Years Presently Working As Teacher At Govt. Middle School Saharapur, Sankul Rajpuri, Block, Batauli, Dist - Sarguja, Chhattisgarh. Petitioner(s) versus 1 - State Of Chhattisgarh Through The Chief Secretary, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 2 - The Secretary General Administration Department, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 3 - The Secretary Department Of School Education Govt. Of Chhattisgarh, Mahanadi Bhawan Atal Nagar, Nava Raipur, Chhattisgarh. 4 - The Secretary Department Of Scheduled Caste And Schedule Tribe Development, Govt. Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 5 - The Commissioner ( Scheduled Tribe And Scheduled Caste Department) Sarguja, Division, Ambikapur, Pratap Road, Vill. Sarganwa Dist - Sarguja, Chhattisgarh. 6 - The Joint Director Public Instructions, Sarguja Division, Ambikapur, Dist - Sarguja, Chhattisgarh. 7 - The Assistant Commissioner Tribal Department Ambikapur, Dist - Sarguja, Chhattisgarh. 8 - The Collector Scheduled Caste Department Dist - Sarguja, Chhattisgarh. RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.07.01 18:05:21 +0530 2 9 - The District Education Officer Sarguja Dist - Sarguja, Chhattisgarh. 10 - The Block Education Officer Block, Sitapur, Dist - Sarguja, Chhattisgarh. 11 - The Chief Executive Officer Jila Panchayat, Sarguja, Dist - Sarguja, Chhattisgarh. 12 - Om Prakash Singh S/o N.A. Aged About N.A. Presently Posted As Hostel Supritendent, At Pahadi Korwa, Block - Batauli, Dist - Sarguja, Chhattisgarh. Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Kaustubh Singh Thakur, Advocate For Respondent(s) : Mr. Suyashdhar Badgaiya, GA (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 01/07/2026 1. Challenge in the present petition is to the order dated 07/05/2026 (Annexure-P/1), whereby the charge of Mandal Sanyojak, Tribal Development Block, Batauli, District Surguja (C.G.), held by the petitioner, has been withdrawn, entrusted to respondent No.12 and the petitioner has been repatriated to his parent department. 2. Learned counsel for the petitioner submits that the impugned order repatriating the petitioner to his original place of posting as a Teacher in District Surguja is arbitrary and contrary to law. It is further submitted that despite the petitioner having obtained a No Objection Certificate from the School Education Department and having discharged the duties of Mandal Sanyojak for several months, the charge has been entrusted to respondent No.12, who is already holding multiple assignments. 3. Learned counsel for the respondent/State, placing reliance upon the Circular dated 07/07/2025 (Annexure-P/5), particularly Clause 2 thereof, 3 submits that the impugned order is in conformity with the said Circular. It is contended that the State Government has noticed the practice adopted by the Divisional Commissioners and the Collectors of entrusting the charge of Mandal Sanyojak to employees of other departments, which has been found to be undesirable. The repatriation of the petitioner to his parent department is, therefore, justified and the writ petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the material available on record. 5. On a perusal of the Circular dated 07/07/2025 (Annexure-P/5), it is apparent that the Chief Secretary, Government of Chhattisgarh, has taken note of the practice of entrusting the charge of Mandal Sanyojak to officers of other departments. The Circular records that such officers are generally not conversant with the functioning and implementation of the schemes of the Tribal Development Department. It further notices that frequent entrustment and withdrawal of such charge gives rise to avoidable litigation and may adversely affect the functioning of the Department. Accordingly, it directs that where the post of Mandal Sanyojak is vacant, the charge shall be entrusted to the senior-most Hostel Superintendent or an employee belonging to the departmental ministerial cadre. 6. In the light of the aforesaid Circular, the Collector, by the impugned order dated 07/05/2026, withdrew the charge of Mandal Sanyojak from the petitioner and entrusted the same to respondent No.12, a Hostel 4 Superintendent, while repatriating the petitioner to his parent department. The impugned order has thus been passed in conformity with the directions contained in the Circular dated 07/07/2025. No arbitrariness or illegality can be said to have been committed by the Collector in passing the same. 7. Even otherwise, the petitioner has failed to make out any enforceable right to continue on the post of Mandal Sanyojak or to resist his repatriation to the parent department. 8. For the reasons aforesaid, no case for interference under Article 226 of the Constitution of India is made out. The writ petition is accordingly dismissed. Sd/- (BIBHU DATTA GURU) JUDGE Rahul