Kisun Sao v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5561 of 2016 Kisun Sao S/o Late Bharat Lal Sao, Aged About 54 Years R/o. Middle School Dhaba, Cluster Tappa, Block Dongargaon Tehsil & District Rajnandgaon (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through, Secretary, School Education Department, Mahanadi Bhavan, New Raipur, District Raipur (Chhattisgarh)

2. The Mission Director, State Project Office, Rajeev Gandhi Shiksha Mission, Raipur (Chhattisgarh)

3. Collector Cum District Mission Director, Rajeev Gandhi Shiksha Mission Block Dongargaon, District Rajnandgaon (Chhattisgarh)

4. Shri Daniram Verma, Upper Division Teacher, Govt. Middle School Tilaikhar, Block Dongargaon, District Rajnandgaon (Chhattisgarh) ---- Respondents For Petitioner : Mr. Anoop Majumdar, Advocate For Respondent No.1 : Mr. R.K. Gupta, Dy. A.G., on advance copy For Respondents No. 2 & 3 : Mr. A.S. Kachhawaha, Advocate, on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/10/2016 Heard on admission.

1.

Learned counsel for the petitioner submits that earlier the petitioner had withdrawn the petition with liberty to take recourse to remedial measures whereafter representation has been preferred to the Mission Director, which has not been decided till date.

-22.

Learned counsel appearing for Mission Director submits that though ordinarily the Mission Director would have considered representation against the order of the Collector but in this specific case as the Collector has passed the order under the Shiksha Gunvatta Abhiyan promulgated by the State Government, the petitioner may approach the Secretary of the School Education Department.

3.

Learned State counsel is present in the Court and submits that if the petitioner prefers representation before the Secretary of the School Education Department, the same shall be considered and decided. 4.

In view of the above and without commenting upon the merits of the case, I am inclined to dispose off the matter at this stage with liberty that in case, the petitioner prefers representation within a period of three weeks, the Secretary of School Education Department shall decide the same within a period of further four weeks. Needless to emphasize, in case, the petitioner is aggrieved by the order, it will be open to him to take recourse to remedy as may be available to him under the law. 5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha