Ravindra Kumar Mishra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5532 of 2021 Ravindra Kumar Mishra S/o Shri Rajkishor Mishra Aged About 55 Years Presently Working On The Post Of Circle In-Charge Of Circle Resource Center - Rajpuri, Block - Sitapur, Distt.- Surguja (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, Department Of School Education Mahanadi Bhawan, New Raipur, Distt.- Raipur (Chhattisgarh)

2. Director Directorate Of Public Education Indrawati Bhawan New Raipur, Distt.- Raipur (Chhattisgarh)

3. Managing Director State Project Office Holistic Education 2nd Floor Chhattisgarh Board Of Secondary Education Pension Bada Raipur Distt.- Raipur (Chhattisgarh)

4. Collector / District Mission Coordinator Holistic Education- Ambikapur, Distt.- Surguja (Chhattisgarh)

5. The District Education Officer Ambikapur, Distt.- Surguja (Chhattisgarh)

6. Block Education Officer Sitapur, Distt.- Surguja (Chhattisgarh)

7. Pradeep Kumar Das Presently Working On The Of Lecturer (L.B.) At Govt. High School Rajpuri Block - Sitapur, Distt.- Surguja (Chhattisgarh) ---- Respondents For Petitioner :

Mr. A. N. Pandey, Advocate.

For State :

Mr. Suyash Dhar, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2021

1. Grievance of Petitioner in the present Writ Petition is the Annexure P1,dated 16.08.2021, whereby the Respondent No.7 has been posted as Circle In-charge of Circle Resource Centre, Rajpuri, Block Sitapur, District Surguja.

-22. 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, Rajpuri vide Annexure P-3, dated 14.8.2017.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, Rajpuri, 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 No. 4 & 5 within 10 days from today and the Respondents No. 4 & 5 are directed to consider the said representation/objection within a further period of 45 days 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, Rajpuri.

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 Rohit