Jaishanker Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7949 of 2018 Jaishanker Pandey S/o Late Shri Sakaldev Pandey Aged About 50 Years Upper Division Teacher (U D T), Mata Kasturba Kanya Aashram, Bastar, Block- Bastar, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, School Education Department, Secretariat, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Director Public Instructions, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The District Education Officer Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

4. Mata Rukmini Seva Sansthan Dimrapa, Tahsil Jagdalpur, District Bastar Chhattisgarh, Through The President., District : Bastar(Jagdalpur), Chhattisgarh

5. The Secretary Mata Rukmini Seva Sansthan , Dimrapal, Tahsil Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

6. Incharge/head Mistress Smt. Somari Kashyap, W/o Devi Singh Baghel, Aged About 36 Years, Lower Division Teacher (L D T ) Mata Kasturba Kanya Aashram, Bastar, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondents For petitioner :

Shri A. K. Shukla, Advocate.

For State :

Shri Dhiraj Wankhede, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 04/12/2018 1.

The whole dispute in the present writ petition is the charge which has been ordered to be handed over to the respondent No.6. The primary grievance of the petitioner is that the charge was initially given to the petitioner but for reasons unexplained, the same has subsequently vide impugned order ordered to be handed over to respondent No. 6.

2.

Learned counsel for the petitioner refers to the various circulars of the State Government which specifically envisages that the charge of

an institution always should be given to the senior most person in the department.

3.

Given the nature of dispute which has been raised by the petitioner and also taking note of the fact that the petitioner in the past has been given the charge, this Court is of the opinion that no fruitful purposes would be served in keeping the petition pending. Therefore, the petition is disposed off with direction to the respondent No.2, 3 & 4 to resolve the dispute keeping in mind the circulars of the State Government and an appropriate decision be taken at the earliest preferably within a period of 60 days from the date of receipt of copy of this order. It would be the responsibility of the petitioner to apprise the respondents No.2, 3 & 4 so far as the order passed by this Court is concerned.

4.

Accordingly, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE