Extracted from the PDF above. The PDF is authoritative.
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CGHC010298272026
2026:CGHC:34544
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5891 of 2026 Smt. Matilda Kerketta W/o Shri Prabodh Kumar Kerketta, Aged About 60 Years R/o Village- Rampur Bade, Tahsil-District - Raigarh, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur (C.G.) 2 - Director, Director , Public Instructions, Indrawati Bhawan, Atal Nagar Nava Raipur District Raipur C.G. 3 - District Education O2cer, Raigarh, City- District - Raigarh, C.G.
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Aniket Verma, Advocate For Respondent(s) : Shri Vivek Verma, Govt. Advocate SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.07 10:14:56 +0530
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(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 06.08.2026
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Learned counsel for the petitioner submits that the petitioner is presently working as Principal, Swami Atmanand Government Higher Secondary School, Kirodimal Nagar, Development Block–Raigarh, and has been repatriated to Government High School, Kekarajhariya, Development Block– Lailunga, District Raigarh vide the impugned order dated 03.07.2026 (Annexure P/1). It is further submitted that the petitioner belongs to the Educational Cadre (E-Cadre), whereas the school to which he has been posted is identi=ed as a T-Cadre school. Learned counsel submits that realizing the error, the District Education O2cer has also addressed a communication dated 27.07.2026 (Annexure P/13) to the Director, Public Instructions (DPI), requesting necessary correction in the petitioner's posting. It is further submitted that as per the Circular dated 05.03.2019 (Annexure P/6), particularly Clause 9 thereof, the Educational Cadre (E-Cadre) and Educational Cadre (T-Cadre)
3 are distinct cadres, and matters relating to transfer, posting, seniority, promotion and other service bene=ts are to be governed separately within their respective respective cadres. Therefore, the posting of the petitioner, who belongs to the E- Cadre, in a T-Cadre school is contrary to the aforesaid Circular. 2. Learned State counsel submits that the representation submitted by the petitioner has already been forwarded by the District Education O2cer to the Director, Public Instructions. On instructions, he submits that the representation of the petitioner, along with the communication dated 27.07.2026 sent by the District Education O2cer, shall be considered and decided by the Director, Public Instructions within a period of 15 days. 3. I have heard learned counsel for the parties and perused the documents annexed with the petition. 4. From a perusal of Circular dated 05.03.2019 (Annexure P/6) and communication dated 27.07.2026 (Annexure P/13), particularly Clause 9 of the Circular dated 05.03.2019, it is evident that matters relating to posting, transfer, seniority, promotion and other service bene=ts of employees belonging to the E-Cadre and T-Cadre are required to be regulated within
4 their respective cadres. Prima facie, therefore, the posting of the petitioner, who belongs to the E-Cadre, in a T-Cadre school pursuant to the impugned order dated 03.07.2026 appears to be contrary to the aforesaid Circular. 5.
Accordingly, the eCect and operation of the impugned order dated 03.07.2026 (Annexure P/1), insofar as it relates to the posting of the petitioner at Government High School, Kekarajhariya, Development Block–Lailunga, District Raigarh, shall remain stayed till the Director, Public Instructions takes a decision on the petitioner's representation as well as on the communication dated 27.07.2026 forwarded by the District Education O2cer. The Director, Public Instructions is directed to consider and decide the same, strictly in accordance with law, within a period of 20 days from the date of receipt of a certi=ed copy of this order. 6. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE Shoaib