Smt. Rufina Khalkho v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3734 of 2015 • Smt. Rufina Khalkho W/o Shri Afrem Khalkho, Aged About 57 Years Head Mistress, Govt. Girls Middle School, Janakpur, Block Bharatpur, Distt. Koriya (Chhattisgarh State) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Naya Raipur

2. The Block Education Officer, Bharatpur, Distt. Koria, (Chhattisgarh) ---- Respondent For Petitioner Shri K.S. Pawar, Advocate For Respondent/State Shri P.K. Bhaduri, GA Order On Board By 14/10/2015 1.

With the consent of the learned counsel for the parties, the matter is heard finally.

2.

The petitioner is aggrieved by the rationalization of school and her consequent relieving for Government Middle School, Janakpur (Education Department).

3.

The State Government has framed the policy of rationalization of schools and consequent posting of employees working in the rationalized school. In execution of the said scheme, the Girls Middle School, Janakpur (Tribal Department) has been merged in the Girls Middle School, Janakpur (Education Department) for the reason that

both the schools are functioning within a distance of 100 meters. 4.

Although, no order in the name of the petitioner has been issued, however, learned counsel for the petitioner would argue that as a result of the rationalization, the petitioner has now been relieved to join at Girls Middle School, Janakpur (Education Department), therefore, the order dated 04.09.2015 affects the petitioner. 5.

In the considered opinion of this Court, there being no order against the petitioner nor her place of posting is changed as a consequence of the impugned order, because the petitioner would still remain posted at Janakpur, there is no cause of action for preferring the present writ petition. Merger of schools due to the scheme of the rationalization is a policy decision of the State Government, which need not be interfered by the writ Court.

6.

No case for entertaining this writ petition is made out. Accordingly, the writ petition is dismissed.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala