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2026 DAILYLAW 8065 (CHH)

MADHURI KARSAL v. STATE OF CHHATTISGARH

WPS/9073/2025 · 2026-02-24

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:9916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9073 of 2025 1 - Madhuri Karsal D/o Shri K.R. Karsal Aged About 50 Years R/o B-07, Swastik Colony, Khamtarai Police Station- Sarkanda, Bilaspur, Distt- Bilaspur C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist- Raipur C.G. 2 - Director, Directorate Of Public Instructions, Department Of School Education, Naya Raipur C.G. 3 - Joint Director, Department Of School Education, Bilaspur Division, Bilaspur, Dist- Bilaspur C.G. 4 - District Education Officer, District- Raigarh C.G. 5 - Block Education Officer, Tamnaar, District- Raigarh C.G. --- Respondent(s) (Cause title is taken from CIS system) For Petitioner : Mr. Manish Saluja, Advocate For Respondents/State : Mr. Khulesh Sahu, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 25/02/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 Call for the entire records pertaining to the present case. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 10.2 Issue an appropriate writ/order/direction, to the Respondents to consider the difficulties of petitioner and attach/transfer the petitioner to any place in Bilaspur District i.e. near to her home city, Bilaspur (C.G.). 10.3 To quash the impugned order (Annexure P-1) dated 01.08.2024 of District Education Officer, Raigarh (C.G.) to the extent of place of attachment i.e. Amlidih. 10.4 To order respondent authorities to pay petitioner salary from the month of July, 2024 to actual joining of the petitioner with all other monetary benefits for which she is entitled. 10.5 To compensate and grant cost of petition to the petitioner. 10.6 Grant any other relief as deemed fit and proper in the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that when petitioner was posted as Headmaster Primary School, Chhindbhouna, some complaint was made against her alleging some irregularities to have been committed in mid day meal. Based on the false allegation, petitioner was posted in Primary School Amlidih, Block Gharghoda, which is nearby to earlier place of posting i.e. Primary School Chhindbhouna. It is the petitioner who had raised complaint against persons, who are running mid day meal in the school and those persons by their approach have got petitioner shifted from earlier school. It is contention of learned counsel for petitioner that as petitioner has made complaint, some of the persons are keeping enmity with her and also assaulted her. Photographs of injuries sustained by petitioner is also enclosed along with writ petition. Petitioner was also given threat that if she joined Primary School, Amlidih, she will be taken to task, therefore, petitioner 3 since then has not joined at Primary School, Amlidih because of her life threat. Petitioner has submitted representation before the Joint Director, however, the representation was rejected on the ground that he is having no authority to consider the claim of petitioner for her posting out of District. 3. Learned counsel for petitioner further submits that petitioner has pleaded in the application/representation submitted before Joint Director for her posting in Bilaspur district as her native place is at Bilaspur District. 4. Learned State counsel submits that according to his instruction, District Education Officer is competent authority to transfer the teacher within District Bilaspur and if petitioner wants her transfer within State level from one district to another, it will be the Secretary School Education, before whom, petitioner has not submitted any representation. 5. Considering the submission of learned counsel for respective parties, facts and circumstances of the case in particular, submission of learned counsel for petitioner based on the photographs that petitioner was assaulted by persons including the other teachers of school against whom, she has also filed appropriate proceedings under the Bharatiya Nagarik Suraksha Sanhita, 2023, submission of learned counsel for petitioner that petitioner is having life threat for her joining at Primary School, Amlidih and further considering that it is the State authorities to consider the claim of the teachers to be posted in exceptional circumstances as pleaded in the writ petition, I find it appropriate to dispose of this writ petition at this stage, permitting 4 petitioner to submit detailed representation before respondent No.1 i.e. Secretary, School Education Department, raising all the grounds as raised in this writ petition along with supporting documents within a period of 10 days and in the event, petitioner submits such representation, respondent No.1 shall consider and take decision on the representation to be submitted by petitioner in accordance with the law within further period of three weeks from the date of receipt of representation. 6. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram