Madhoosudan Gawre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1242 of 2021 Madhoosudan Gawre S/o Late Shri Chainuram Gawre, Aged About 56 Years, Occupation Service, Posted As Hostel Superintendent, Eklavya Adarsh Boys Hostel School, Pendri, Rajnandgaon, District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan, New Raipur, Chhattisgarh

2. The Director, Scheduled Caste And Scheduled Tribe Development, New Raipur, Atal Nagar, District Raipur, Chhattisgarh

3. The Assistant Commissioner, Adivasi Vikas, Rajnandgaon, District Rajnandgaon, Chhattisgarh

4. The Collector Rajnandgaon, District Rajnandgaon, Chhattisgarh

5. The District Education Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh

6. Shri Tulesh Kumar Kunjam Hostel Superintendent Grade D, Posted At Pre Metric Adivasi Balak Chhatrawas Bandhabazar, Block Ambagarh Chowki, District Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner:

Mr. Rakesh Pandey & Mr. Varunendra Mishra, Advocates For State :

Mr. Sudeep Agrawal, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 25.02.2021

1. The limited grievance which the petitioner has raised is against the order dated 19.10.2020 issued by the respondent no.4 whereby the

responsibility of Hostel Superintendent, Eklavya Adarsh Residential School, Boys Hostel, Pendri, Rajnandgaon has been taken from the petitioner and he has been sent to his substantive place of posting i.e. Head Master of Primary School Korchatola, Block Ambagarh Chowki.

2. According to the petitioner, because of certain personal reasons particularly that of attending to his ailing son at Bhillai, the petitioner had requested the respondents to permit him to discharge his duties as Hostel Superintendent at Pendry for some more period and thereafter he may be relieved from the additional responsibility. However, vide the impugned order he has been posted back to Primary School Korchatola, Block Ambagarh Chowki. According to the petitioner, till now he is continuing with the responsibility of Hostel Superintendent.

3. Given the said facts, let the respondent no.4 take an appropriate decision on the claim of the petitioner in accordance with the policy, the rules governing the field and also taking into consideration the administrative exigency and the personal inconvenience that the petitioner has raised in his representation. Let a decision be taken at the earliest preferably within a period of 4 weeks from the date of receipt of copy of this order.

4. Meanwhile, if the petitioner has not been relieved, let status quo as it exists today be maintained for a period of 4 weeks or till the representation of the petitioner is decided, whichever is earlier.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai