High Court Of ChhattisgarhWPS/6519/2018disposed off

Birendra Kumar Banjare v. State Of Chhattisgarh

2018-10-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6519 of 2018 Birendra Kumar Banjare S/o Shri Kondu Ram Banjare Aged About 43 Years Working As Lecturer (Local Body), Posted At Government High School Kaitha, Tahsil Bilaigarh, District- BalodabazarBhatapara, Chhattisgarh. ---- Petitioner

Versus

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

2. District Education Officer Balodabazar, District- BalodabazarBhatapara, Chhattisgarh.

3. Block Education Officer Bilaigarh, District- Balodabazar-Bhatapara, Chhattisgarh.

4. Tarunendra Pal Singh Sardar Posted At Govt. High School Kaitha, Bilaigarh, District- Balodabazar-Bhatapara, Chhattisgarh. ----Respondents For Petitioner :

Mr. Raghvendra Padhan, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 03/10/2018

1. The dispute in the present writ petition is handing over the charge of Govt. High School, Kaitha, Tahsil Bilaigarh, District Baloda Bazar,

2. The grievance of the petitioner is that after the retirement of the regular Principal, the respondent No.2 has ordered for handing over the charge of Incharge Principal to the respondent No.4, whereas it ought to have been given to the petitioner as the petitioner was senior to the respondent No.4 as is reflected from the gradation list and which is not in dispute.

3. Given the nature of dispute, this Court is of the opinion that let an appropriate decision be taken by the respondent No.1 in this regard, keeping in view the circulars of the State Government so far as

granting of charge is concerned on the vacancy created on the regular person getting retired.

4. Let the petitioner move a suitable representation supported with all relevant documents to the respondent No.1 within a period of 10 days from the date of receipt of certified copy of this order and the respondent No.1 in turn shall take a decision at the earliest preferably within a period of 45 days from the date of receipt of the representation of the petitioner.

5. Meanwhile, let status quo as is exists today be maintained till the decision is taken by the respondent No.1.

6. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved