Shyammurat Kaushik v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5101 of 2018 Shyammurat Kaushik S/o Shri Meetal Kaushik Aged About 47 Years Working As Upper Division Teacher Government Middle School Chhatauna, Block Takhatpur, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Secretariat, Mahanadi Bhawan, P.S. And Post Rakhi Naya Raipur, Chhattisgarh

2. The Director, Public Education Directorate Chhattisgarh, Part 3, First Floor, Indrawati Bhawan, Naya Raipur, Chhattisgarh

3. The Collector, District Bilaspur, Chhattisgarh

4. District Education Officer, Bilaspur, District Bilaspur, Chhattisgarh

5. Block Education Officer, Block Takhatpur, District Bilaspur, Chhattisgarh

6. P. Ambalgan, Then Collector, District Bilaspur, Chhattisgarh Present Posted At Secretariat, Mahanadi Bhawan, Police Station And Post Rakhi Naya Raipur, Chhattisgarh

7. Smt. Mahalaxmi Singh Then Block Education Officer, Block Takhatpur, District Bilaspur, Chhattisgarh Present Posted As Lecturer PGBT College, Bilaspur, District Bilaspur, Chhattisgarh

8. Vijay Tande, Then Block Education Officer, Block Takhatpur, District Bilaspur, Chhattisgarh Presently Posted As Coordinator / APC Rajiv Gandhi Shiksha Mission, District Janjgir Champa, Chhattisgarh ----Respondents For Petitioner :

Mr. Lavkush Kumar Sahu, Advocate For State :

Mr. S.P. Kale, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2018

1. The challenge in the present writ petition is to the order (Annexure P/1) dated 01.09.2017. Vide the said impugned order the services of the petitioner has been put on compulsory retirement.

2. Without entering into the merits of the case, this Court is of the opinion that since the State Government has already vide its

circular dated 05.05.2018 has constituted High Power Committee to scrutinize the cases of compulsory retirement.

3. This Court has already referred a bunch of matters to the committee for scrutinizing the same. Accordingly the present writ petition also stands disposed off with a direction that let the petitioner move an appropriate representation before the High Power Committee. The State is also directed to refer the case of the petitioner before the said committee, who in turn shall scrutinize the case of the petitioner on merits, so far as his utility to the department is concerned and also would ensure whether the guidelines formulated by the State Government while taking a decision on compulsory retirement had been applied or not.

4. Let this exercise be done within a period of 60 days from the date of receipt of the copy of this order.

Sd/- (P. Sam Koshy) Judge Ved