Raghuveer Minj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4850 of 2018

1. Raghuveer Minj S/o Devarsai, Aged About 44 Years Posted As Headmaster, Government Primary School, Junapara, Block - Dharamjaigarh, District Raigarh Chhattisgarh.

2. Krishna Kanhaiya Nayak S/o Thakurram Nayak, Aged About 52 Years Posted As Headmaster, Government Primary School, Baurahadand, Block - Dharamjaigarh, District Raigarh Chhattisgarh.

3. Ashish Vishwas S/o Shri Avni Vishwas, Aged About 47 Years Posted As Headmaster, Government Primary School, Boro, Block Dharamjaigarh, District Raigarh Chhattisgarh.

4. Goutam Prasad Yadav, S/o Shri Rupkumar Yadav, Aged About 45 Years Posted As Headmaster, Government Primary School, Chhal, Block - Dharamjaigarh, District Raigarh Chhattisgarh.

5. Uddhav Kumar Yadav S/o Sanatan Yadav, Aged About 47 Years Posted As Headmaster, Government Primary School, Kutukachhar, Block - Dharamjaigarh, District Raigarh Chhattisgarh. ---- Petitioners

Versus

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

2. The Director, Directorate Of Public Instructions, Block 'C', First Floor, Indravati Bhawan, New Raipur Chhattisgarh.

3. The District Education Officer, District Raigarh Chhattisgarh. ----Respondents AND WPS No. 4865 of 2018

1. Bhuneshwar Prasad Patel S/o Shri Tikam Singh Patel Aged About 40 Years R/o Village And Post-Banhar, Tahsil- Dharamjaigarh, DistrictRaigarh, Chhattisgarh.

2. Bharatbhushan Soni S/o Shri Chhotelal Soni Aged About 44 Years R/o Village And Post-Chhal, Tahsil-Dharamjaigarh, District- Raigarh, Chhattisgarh.

3. Banwarilal Patel S/o Shri Motilal Patel Aged About 42 Years R/o Village Khedapali, Post-Chhal, Tahsil-Dharamjaigarh, District- Raigarh, Chhattisgarh.

4. Yuvraj Kumar Patel S/o Shri Motilal Patel Aged About 40 Years R/o Village- Khedapali, Post- Chhal, Tahsil-Dharamjaigarh, District- Raigarh, Chhattisgarh.

5. Ku. Nirmala Patel D/o Shri Murlidhar Patel Aged About 41 Years Posted As Headmaster, Govt. Primary School, Jaldega, Block-Dharamjaigarh, District- Raigarh, Chhattisgarh.

6. Ku. Seema Sendre D/o Shri Chandramani Sendre Aged About 40 Years Posted As Headmaster, Govt. Primary School, Rampur, BlockDharamjaigarh, District- Raigarh, Chhattisgarh.

---- Petitioners

Versus

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

2. The Director, Directorate Of Public Instructions, Block 'C', First Floor, Indravati Bhawan, New Raipur Chhattisgarh.

3. The District Education Officer, District Raigarh Chhattisgarh. ----Respondents For Petitioners :

Mr. Kamlesh Kumar Pandey, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/07/2018

1. The present petitions have been filed in respect of the gradation list of the Headmasters of Primary School issued on 01.04.2014.

2. The counsel for the petitioners submits that in the said gradation list the name of the petitioners does not find placed.

3. The matter was earlier disposed of by this Court in WPS No. 742/2017 on 16.02.2017, directing the respondents to decide the representations of the petitioners at the earliest. The present impugned order has been passed pursuant to the order of this Court passed on 16.02.2017 in the aforementioned writ petition.

4. In the impugned order, the respondents have categorically held that the issue involved in the present writ petitions stands subjudice in WA No. 147/2012 and where there is already an order passed by the Division Bench on 22.03.2012 directing the authorities to maintain status quo as it exists on that date. Thereafter the respondents since the matter was subjudice has not taken any steps for any modification in the gradation list, this by itself means that the gradation list would be subject to

modification after the writ appeal i.e. WA No. 147/2012 stands finally decided.

5. Given the aforesaid facts and circumstances of the case, this Court does not find any strong case made out by the petitioners at this juncture for any interference to be made on the impugned order. Reserving the right of the petitioners to re-agitate their claims, in case, if need so arises, subsequent to the WA No. 147/2012 is finally decided.

6. With the aforesaid observations, both the writ petitions stand disposed off.

Sd/- (P. Sam Koshy) Judge Ved