Rama Devi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6371 of 2021 • Rama Devi D/o P. Narsingh Rao Aged About 36 Years R/o Quarter No. Nc-62, Cseb Colony, Korba East, District- Korba (C.G.)- 495677, Posted As Lecturer (T Cadre), Govt. High School, Paturiyadandh, Block Podiuproda, District Korba (C.G.) ---- Petitioner
Versus
1. State Of Chhattisgarh Through- The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)
2. Director, Directorate Of Public Education, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.)
3. Collector District- Korba C.G.
4. District Education Officer District- Korba C.G.
5. Principal Govt. High School Paturiyadandh, Block Podiuproda District Korba C.G.
---- Respondents ___________________________________________________________________ For Petitioner : Shri Achyut Tiwari, Advocate For State/Respondents : Shri Lalit Jangade, Dy. G.A., on advance copy ----------------------------------------------------------------------------------------------------- Single Bench: Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 03.12.2021 1.
Heard on admission.
2.
The grievance of the petitioner is to the inaction on the part of the respondent authorities in not taking a decision on her representations made on 16.03.2021, 09.07.2021 and 03.08.2021, till date. 3.
Learned counsel for the petitioner submits that the petitioner- Ms. Rama Devi was selected and appointed on the post of Lecturer (T-Cadre) in
the subject of Biology in Government High School, Paturiyadandh, Block Podiuproda, District Korba (CG) vide order dated 22.02.2021 (Anneuxre P3). It is contended that since the petitioner is physically handicapped, therefore, she moved an application before respondent No.2, on 16.03.2021 (Annexure P4) praying for change of her place of joining from the said Institution, which is 100 km away from her residence to any other School which is near to her residence as per the circular (Annexure P9) issued in this regard on 05.08.2021. It is contended further that when the said application (Annexure P4) was not decided, the petitioner has given her joining in the said Institution on 27.03.2021 (Annexure P5) and, after her joining, she submitted several applications in this regard on 09.07.2021 and 03.08.2021 before the concerned authorities.
However, the same have not been decided till date. Learned counsel for the petitioner, therefore, submits that the respondent No.2-Director, Directorate of Public Education, Raipur may be directed to decide the representation as made by the petitioner in this regard in the light of the circular, dated 05.08.2021. 4.
Shri Lalit Jangade, learned Dy. Government Advocate appearing on behalf of the respondents has raised no objection with regard to the aforesaid limited prayer of the petitioner. However, he submits that the petitioner may be directed to file a fresh representation before respondent No.2 in this regard.
5.
In view of above, this Court feels that no fruitful purpose would be served in keeping the petition pending as it can be disposed of at this stage
itself. Accordingly, this Writ Petition is disposed of by directing the petitioner to file a fresh representation before respondent No.2- Director, Directorate of Public Education, Raipur within a period of 15 days from today and the concerned authority shall decide the same within a period of 45 days from receiving the representation sympathetically in the light of the circular (Annexure P9) dated 05.08.2021.
6.
It is made clear that this Court has not expressed any opinion on merits of the case while disposing of this petition and the concerned authority shall decide the representation in accordance with law. 7.
With the aforesaid observations, this Writ Petition stands disposed of at the admission stage itself.
Sd/- (Sanjay S. Agrawal) JUDGE sunita