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High Court Of ChhattisgarhWPS/5973/2021disposed off

Omnarayan Dadsena, v. State Of Chhattisgarh

2021-10-28Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5973 of 2021 • Omnarayan Dadsena, S/o Late Sadhuram Dadsena Aged About 47 Years Occupation Service (Posted As Accountant At Office Of Block Education Pithora) R/o Rawanbhata Para Ward No. 03, Pithora, District Mahasamund Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. State Of Chhattisgarh Through The Secretary, General Administrative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

3. District Education Officer Mahasamund District Mahasamund Chhattisgarh

4. Block Education Officer Pithora District Mahasamund Chhattisgarh ---- Respondents For Petitioner :Shri Surfaraj Khan, Advocate.

For Respondents/State :Shri Amrito Das, Addl. Advocate General.

Hon'ble Shri Justice Sanjay S. Agrawal Order on Board 28.10.2021 1.

Heard.

2.

Learned counsel appearing for the petitioner would submit that the petitioner is working as Accountant at Block Education Office, Pithora, but he has been attached vide order dated 11.10.2021 (Annexure P/1) passed by respondent No.3-the District Education Officer, Mahasamund, which is impermissible in law in view of Circular issued by the State Government on 04.06.2001 (Annexure P/2), and therefore, he may be allowed to file representation before the competent authority, i.e., Directorate of Public

Instructions, Chhattisgarh, Raipur and the same may be directed to be decided expeditiously in light of said Circular dated 04.06.2001. To which counsel for the State/respondents has no objection. 3.

In view of above, the writ petition stands disposed of with the observations that if the petitioner prefers representation to the Directorate of Public Instructions, Raipur, C.G. within a period of 2 weeks from today, the said Authority shall decide the same in light of said Circular issued on 04.06.2001 by the State Government in accordance with law as expeditiously as possible preferably within a period of one month from the date of receipt of representation.

4.

Till the disposal of the said representation, the effect and operation of the order impugned dated 11.10.2021 (Annexure P/1) passed by the District Education Officer, Mahasamund (respondent No.3) shall remain stayed. Sd/- (Sanjay S. Agrawal) Judge Anjani