Rajeev Kumar Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4317 of 2018 Rajeev Kumar Kashyap S/o Shri Chandrika Prasad Kashyap Aged About 52 Years Occupation - Upper Division Teacher, Government Middle School, Pand, Block Education Office Takhatpur District Bilaspur R/o Tagore Nagar, Shikshak Colony, Behind Green Garden, Mungeli Road Post Office Mangla, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary Department Of School Education Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.

2. The Director, Directorate Of Public Instruction Pension Bada, District Raipur Chhattisgarh.

3. The Secretary, General Administration Department Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh.

4. District Education Officer, District Bilaspur Chhattisgarh.

5. Block Education Officer, Tahsil Takhatpur District Bilaspur Chhattisgarh. ----Respondents For Petitioner :

Mr. Azad Siddiqui, Advocate For State :

Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 31/07/2018

1. Challenge in the present writ petition is to the action on the part of the respondents in issuing an order of compulsory retirement against the petitioner vide order dated 24.4.2018.

2. At the outset, this Court is of the opinion that since subsequent to 24.4.2018 the respondents by way of a policy decision have constituted a committee of high level officers of the State Government who would be scrutinising the case of the persons who are aggrieved by the decision of issuance of compulsory retirement against them, the petitioner can also be permitted to move an appropriate application

before the said committee of the State Government so far as issuance of compulsory retirement against the petitioner is concerned.

3. This Court in the past have disposed of a couple of writ petitions in the light of the High Power Committee which has been constituted by the State Government in this regard.

4. Given the said policy decision of the State Government, let the petitioner also make a suitable representation before the High Power Committee and the said Committee in turn shall consider the entire factual matrix of the case and also shall consider the case of the petitioner in the light of the circular issued by the State Government from time to time particularly in respect of those persons who suffer from medical ailment. On such application being made, it is expected that the High Power Committee shall take a decision at the earliest within an outer limit of 60 days.

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