High Court Of ChhattisgarhWPS/6490/2021disposed off

Shri Jeevan Lal Yadav v. State Of Chhattisgarh

2021-11-24Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6490 of 2021 Shri Jeevan Lal Yadav S/o Late C.L. Yadav Aged About 51 Years R/o Block Colony Marwahi, Tahseel Marwahi District Gaurela Pendra Marwahi Chhattisgarh.

---- Petitioner

Versus

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

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

3. Director The Directorate Of Public Instructions Raipur, Indrawati Bhawan New Raipur District Raipur Chhattisgarh.

4. District Education Officer District Gaurela Pendra Marwahi Chhattisgarh.

5. Block Education Officer Marwahi District Gaurela Pendra Marwahi Chhattisgarh. .

----Respondents _____________________________________________________________________ For Petitioner:

Shri Badruddin Khan, Advocate.

For the State/Respondents :

Shri Jitendra Kumar Pali, Dy. A.G. on advance copy Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board 24.11.2021

1. Heard

2. Learned counsel appearing for the petitioner would submit that the petitioner is working as Assistant Grade-II at Block Education Officer, Marwahi, but he has been attached vide order impugned dated 30.10.2021 (Annexure P-3) passed by Respondent No.5-Block Education Officer Marwahi, District Gaurela-Pendra-Marwahi, which is impermissible in law in view of the Circular issued by the State Government on 04.06.2001 (Anneuxre P-5).

3. It is contended further that the petitioner has already submitted a

representation (Annexure P-4) before the competent Authority, i.e., Director the Directorate of Public Instructions Raipur, Indrawati Bhawan New Raipur District 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.

4. In view of above, the writ petition stands disposed of with a direction that if the petitioner files a fresh representation to the Director, the Directorate of Public Instructions, Raipur within a period of 2 weeks' from today, the said authority shall decide the same in the 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.

5. Till the disposal of the said representation, the effect and operation of the order impugned dated 30.10.2021 (Annexure P-3) passed by the Block Education Officer Marwahi, District Gaurela-Pendra-Marwahi shall remain stayed.

6. With the aforesaid observations, the petition stands disposed of. Sd/- (Sanjay S. Agrawal) JUDGE Vivek