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2026 DAILYLAW 38951 (CHH)

CHITRAREKHA TIWARI v. STATE OF CHHATTISGARH

WPS/1295/2026 · 2026-10-07

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010038842026 2026:CGHC:43653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1295 of 2026 Chitrarekha Tiwari W/o Shri Gulab Pandey Aged About 50 Years Working As Head Master Middle Girls School, Tarbahar, District Bilaspur C.G. Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Government Of Chhattisgarh, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur C.G. 2 - The Director, Public Instructions, Indrawati Bhawan, Atal Nagar, Nawa Raipur C.G. 3 - The Joint Director, Public Instructions, Bilaspur Division, Bilaspur C.G. 4 - Collector Ex-Officio Chairman District Rationalisation Committee, Bilaspur C.G. 5 - The District Education Officer Bilaspur, District Bilaspur C.G. 6 - The Block Education Officer Bilaspur, District Bilaspur C.G. 7 - Shri Sohit Patel, R/o Ashok Nagar, Near D L S College, Sarkanda, Bilaspur C.G. Respondent(s) (Cause-title taken from CIS) For Petitioner(s) : Mr. Ali Asgar, Advocate (through VC) and Mr. Utkarsh Rai, Advocate For Respondent(s) : Mr. Ghanshyam Kashyap, Dy. GA For Resp. No. 7 : Mr. Abdul Wahab Khan, Advocate RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.10.09 10:54:51 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 08/10/2026 1. By way of the instant Writ Petition, the petitioner is seeking a direction to the respondent authorities to permit him to continue at Government Middle School, Tarbahar, Bilaspur. 2. On the last date of hearing, i.e. 10.09.2026, learned State counsel was directed to seek instructions as to whether the State authorities intend to pass any fresh order with regard to the posting of the petitioner as well as respondent No.7. 3. In pursuance of the aforesaid direction, learned counsel appearing for the State submits that since an interim order has been passed in favour of the petitioner on 06.02.2026 and, therefore, although the State authorities intend to pass a fresh order with regard to the posting of the petitioner as well as respondent No.7, the same could not be passed in view of the subsisting interim order. He, therefore, submits that the present Writ Petition may be disposed of with liberty to the District Education Officer, Bilaspur, to pass a fresh order with regard to the posting of the petitioner as well as respondent No.7. He further submits that till such fresh order is passed, the petitioner may not be disturbed from his present place of posting. 4. Learned counsel appearing for respondent No.7, in view of the submission made by learned counsel for the State, submits that he has no objection to the aforesaid course. 3 5. Considering the submissions made by learned counsel for the parties, the present Writ Petition is disposed of with a direction to the District Education Officer, Bilaspur, to pass a fresh order with regard to the posting of the petitioner as well as respondent No.7, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 6. It is directed that till the fresh order is passed by the District Education Officer, Bilaspur, the petitioner shall not be disturbed from his present place of posting, i.e. Government Middle School, Tarbahar, Bilaspur. 7. It is made clear that this Court has not expressed any opinion on the merits of the respective claims of the petitioner and respondent No.7. The competent authority shall take an independent decision in accordance with law. Sd/- (BIBHU DATTA GURU) JUDGE Rahul