High Court Of ChhattisgarhWPS/5740/2008disposed off

Om Prakash Kosale And Others v. State Of Chhattisgarh And Others

2017-05-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5728 of 2008 • Devendra Kumar Verma, Aged about 44 years, S/o Shri Rishikesh Verma, U.D.T., Middle School Kukurdih Distt. Raipur (CG) ---- Petitioner

Versus

1. State Govt. of Chhattisgarh, Through the Secretary, Education Department, DKS Bhawan, Raipur (CG)

2. The Distt. Education OfÏcer Raipur Distt. Raipur (CG)

3. The Distt. Education OfÏcer, Baloda Bazar, Distt. Raipur (CG)

4. The Block Education OfÏcer, Baloda Bazar, Distt. Raipur (CG) ---- Respondent And WPS No. 5740 Of 2008

1. Om Prakash Kosale, Age about 37 years, UDT, S/o Late Shri Audhu Ram Kosale, Middle School Mohatara, District Raipur (CG)

2. Fagu Ram Jalhare, Aged about 39 years, S/o Shri Bhagela Ram Jalhare, U.D.T., Middle School Limahi, Distt.-Raipur (CG)

3. Bhagwat Sahu, Aged about 49 years, S/o Bhagela Ram Jalhare, U.D.T., Middle School Dhaladih, Distt.-Raipur (CG)

4. Jash Ram Patel, Aged about 52 years, S/o Sukharu Ram Patel, U.D.T., Middle School Kanji, Distt.-Raipur (CG) ---- Petitioner Vs

1. State Govt. of Chhattisgarh, Through the Secretary, Education Department, DKS Bhawan, Raipur (CG)

2. The District Education OfÏcer, Raipur, Distt.-Raipur (CG)

3. The District Education OfÏcer Baloda Bazar, Distt.-Raipur (CG)

4. The Block Education OfÏcer, Baloda Bazar, Distt.-Raipur (CG) ---- Respondent For Petitioners None For Respondents/State Ms. Sunita Jain, Panel Lawyer

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 4/5/2017

1. Heard.

2. The petitioners are aggrieved by the same impugned order, whereby, their promotion on the post of UDT has been cancelled without issuance of any show cause notice or giving an opportunity of hearing.

3. It appears, the petitioners were promoted on the post of UDT on 17.09.2008 and thereafter, the order of promotion was cancelled within 10 days on 27.09.2008, without giving any show cause notice to the petitioners.

4. Learned counsel for the State would again pray for time to file reply.

5. However, the matter having remained pending since 2008 and since there appears palpable violation of principles of natural justice as also for the reason that the impugned order has remained stayed by this Court vide order dated 16.10.2008, I deem it appropriate to dispose of the writ petition with direction that the respondents shall not give effect to the impugned order, however, it shall remain open for the respondents to pass fresh order in accordance with law after issuing show cause notice and affording opportunity of hearing to the petitioners. Sd/- Judge (Prashant Kumar Mishra) Shyna