Sukhlal Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3772 of 2021 Sukhlal Gupta S/o Late Banshropan Gupta, Aged About 58 Years Presently Working On The Post Of Headmaster / Circle In Charge Of Circle Resource Center, Middle School Bhatgaon, Block Bhaiyathan District Surajpur, Chhattisgarh ---- Petitioner

Versus

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

2. Director, Directorate Of Public Education, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh

3. Managing Director, State Project Office Holistic Education 2nd Floor Chhattisgarh Board Of Secondary Education, Pension Bada, Raipur District Raipur, Chhattisgarh

4. Collector / District Mission Coordinator, Holistic Education Surajpur District Surajpur, Chhattisgarh

5. The District Education Officer, Surajpur, District Surajpur, Chhattisgarh

6. Block Education Officer, Bhaiyathan, District Surajpur, Chhattisgarh

7. Mohan Kumar Singh Presently Working On The Post Of Lecturer At Govt. Higher Secondary School, Bhatgaon, Block Bhaiyathan, District Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. A. N. Pandey, Advocate For State :

Mr. Amit Buxy, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 23.07.2021

1. The grievance of Petitioner in the present Writ Petition is Annexure P1, dated 12.04.2021, whereby the Respondent No.7 has been posted as Circle In-charge of Circle Resource Centre, Bhatgaon, Block Bhaiyathan, District Surajpur.

2. Learned Counsel for Petitioner submits that the Petitioner is much senior to Respondent No.7 and in the past the Petitioner was made as In-charge in the same Circle Resource Center, Bhatgaon vide Annexure P-3, dated 01.4.2009. However, superseding the said order, now Annexure P-1 has been issued appointing Respondent No.7, a junior person, on the post of Circle In-charge of Circle Resource Centre, Bhatgaon, which is contrary to the Circulars issued by the State Government on 4.8.2011 and 29.1.2020 which still hold the field.

3. Given the nature of dispute that the Petitioner has, let Petitioner make a detailed representation/objection to Respondents 2 to 4 within 10 days from today and the Respondents 2 to 4 are directed to consider the said representation/objection within a further period of 45 days after due verification of seniority between petitioner and respondent no.7 and also taking into consideration the aforementioned two Circulars of the State Government as regards granting of charge to a senior most person of the Department at the said Centre.

4. Learned Counsel for Petitioner at this juncture submits that till date the Petitioner is discharging his duties as Circle In-charge of Circle Resource Centre, Bhatgaon.

5. Given the said fact, let status quo as it exists today be maintained till

the representation/objection of Petitioner is decided by Respondent authorities.

6. Writ Petition accordingly stands disposed of with the aforesaid direction/observation.

Sd/- P. Sam Koshy Judge Khatai