Shivnarayan Dubey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 861 OF 2019 Shivnarayan Dubey S/o Late Shri Badri Prasad Dubey Aged About 59 Years Occupation Service Presently Posted As Lecturer At Government Higher Secondary School Kutra, Block Nawagarh District - Janjgir - Champa Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department Mahanadi Bhawan, Atal Nagar District - Raipur Chhattisgarh.

2. The Director Public Instructions Chhattisgarh, Indrawati Bhawan, Atal Nagar District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The District Education Officer Janjgir, District - Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Shri Doulat Ram Thawait Occupation Service, Presently Posted As Lecturer (Local Body), At Government Higher Secondary School Kutra, Block Nawagarh, District - Janjgir Champa Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Ashwani Shukla, Advocate.

For Respondents-State :

Shri Sameer Behar, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.02.2019

1. The dispute in the present petition is only that the respondent No.4 in spite of being Lecturer (Panchayat)(LB) which is a Class-III category post, have been given charge of Principal of Govt. Higher Secondary School, Kutra, Block Nawagarh, District Janjgir Champa.

2. According to the petitioner, since the petitioner is a regular Lecturer of the State Govt. and is presently posted in the same school, he is senior to the respondent No.4 and also on the ground that the petitioner being a regular Lecturer being Class-II Gazetted post holder, he should have been given the charge of Principal. The petitioner also refers to the correspondence made by the respondent No.3 in this regard to the respondent No.2.

3. Given the nature of dispute that the petitioner has raised, let the respondents No.2&3 take an appropriate decision in the case of the petitioner and pass appropriate orders in accordance with rules and

regulations governing the field particularly in respect of granting charge of the post of Principal.

4. Let this exercise be completed within a period of 60 days from the date of receipt of certified copy of this order. It shall be the responsibility of the petitioner to apprise the respondents No.2&3 so far as order passed by this court is concerned.

5. The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge inder