1 CGHC010359942026 2026:CGHC:40452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6773 of 2026 Smt. Padma Dongre W/o Late Shri Shyam Dongre, Aged About 55 Years R/o Nearby Shiromani Shop, Bhartiya Nagar, Bilaspur, District- Bilaspur (C.G.) Posted As Hostel Superintendent, Karmchari Putri Post Metric Girls Hostel Seepat Road Bilaspur (C.G.) Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Scheduled Tribe And Scheduled Caste Development, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - State Of Chhattisgarh Through Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur, District- Raipur (C.G.) 4 - The Collector, Bilaspur, District- Bilaspur (C.G.) 5 - Commissioner, Bilaspur, Division Bilaspur District- Bilaspur (C.G.) 6 - Block Development Education Officer, Gourela District- Gourela - Pendra- Marwahi (C.G.) 7 - District Education Officer, Gourela District- Gourela - Pendra- Marwahi (C.G.) 8 - Assistant Commissioner, Tribal Development Bilaspur District- Bilaspur (C.G.) RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.09.17 15:41:20 +0530 2 9 - Principal, Government Girls Higher Secondary School Pendra District- Gourela- Pendra- Marwahi (C.G.) Respondent(s) (Cause-title taken from CIS) For Petitioner(s) : Ms. Fouzia Mirza, Senior Advocate along with Md. Altamas Zaheer Ali, Advocate For Respondent(s) : Mr. Y.S. Thakur, Addl. Adv. General along with Mr. Shreyansh Mehta, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 16/09/2026 1. Learned counsel for the petitioner submits that the petitioner was originally posted at Government Girls Higher Secondary School, Pendra. He submits that vide order dated 14.07.2017 (Annexure-P/5), the petitioner was directed to join as Hostel Superintendent at Post Matric Tribal Girls Hostel, Seepat Road, Bilaspur, and pursuant thereto, the petitioner joined the said post and has been continuously working there. 2. Learned counsel for the petitioner further submits that by the impugned order dated 07.08.2026, the petitioner has been relieved from the post of Hostel Superintendent and directed to join at her original place of posting, i.e. Government Girls Higher Secondary School, Pendra. It is contended that there is no vacant post of Lecturer available at the said institution and, therefore, the petitioner cannot be effectively accommodated there in the post of Lecturer. 3. Learned State counsel, on instructions, fairly submits that no post of Lecturer is presently lying vacant at Government Girls Higher Secondary School, Pendra. He submits that the impugned order has merely directed the petitioner to join at her original place of posting. 3 4. I have heard learned counsel for the parties and perused the material available on record. 5. From perusal of the impugned order dated 07.08.2026, it is apparent that the petitioner has been relieved from the post of Hostel Superintendent and has been directed to join at her original place of posting at Government Girls Higher Secondary School, Pendra. However, it is an admitted position, as submitted by learned State counsel on instructions, that no vacant post of Lecturer is available at the said institution. 6. In view of the aforesaid admitted position, the direction contained in the impugned order dated 07.08.2026 requiring the petitioner to join at Government Girls Higher Secondary School, Pendra, where admittedly no vacant post of Lecturer is available, cannot be effectively implemented. Consequently, the impugned order dated 07.08.2026, insofar as it directs the petitioner to join at Government Girls Higher Secondary School, Pendra, is hereby quashed. 7. However, it is made clear that this order shall not preclude the respondents from passing a fresh order of posting in respect of the petitioner, in accordance with law, by posting her against a vacant post of Lecturer available at any appropriate institution. Needless to observe, such fresh order shall be passed by the competent authority in accordance with the applicable rules/policy. 8. The writ petition is accordingly allowed to the aforesaid extent. Sd/- (BIBHU DATTA GURU) JUDGE Rahul