High Court Of ChhattisgarhWPS/4925/2012allowed

Sohan Lal Sen v. State Of C.G. And ORS

2021-09-14Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.4925 of 2012 Sohan Lal Sen, S/o Shri Lalji Sen, Aged about 47 years, Head Master-Govt. Girls' Primary School, Phingeshwar, Thana Phingeshwar Tah. Rajim, Dist.-Gariyaband (CG) ---- Petitioner

Versus

1. State of Chhattisgarh Through the Secretary, Dau Kalyan Singh Bhawan, Thana - Raipur, Raipur (CG)

2. Ministry of Education Dau Kalyan Singh Bhawan, Thana - Raipur, Raipur (CG)

3. District Education Officer, Pension Bada, Raipur, Thana - Raipur, Dist.-Raipur (CG)

4. Balaram Dhruw, District Education Officer, Thana - Gariyaband, Gariyaband (CG) ---- Respondents For Petitioner :

Mr.Viprasen Agrawal, Advocate For Res.No.1 to 3/State :

Mr.Animesh Tiwari, Dy.A.G.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/9/2021

1. Mr.Viprasen Agrawal, learned counsel for the petitioner, would submit that the petitioner's representation dated 6.12.2010 has been rejected by respondent No.3 and decision of this Court in the matter of (Kunwar Kant Dewangan v. State of Chhattisgarh and others (WPS No.6927/2011), decided on 6.12.2013 and order passed by Division Bench of this Court in the matter of State of Chhattisgarh and others v. Kunwar Kant Dewangan (WA No.110/2014), decided on 4.4.2014 have not been considered and in one line order, it has been rejected.

2. On the other hand, Mr.Animesh Tiwari, learned Deputy

Advocate General for respondents No.1 to 3/State, would support the impugned order.

3. I have heard learned counsel for the parties and considered their rival submissions made hereinabove also went through the records with utmost circumspection.

4. Since without considering the aforesaid two orders passed by this Court in WPS No.6927/2011 and in WA No.110/2014, the order dated 6.12.2010 has been passed, the impugned order dated 6.12.2010 (Annexure P-1A) passed by respondent No.3 rejecting the petitioner's representation is hereby set-aside. The matter is remitted to respondent No.3/District Education Officer, Raipur to consider and decide the petitioner's representation afresh in the light of orders passed by this Court in WPS No.6927/2011 and in WA No.110/2014 and pass a reasoned and speaking order within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is allowed to the extent indicated hereinabove. No order as to cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-