An appeal by a teacher temporarily posted as Hostel Superintendent seeking to hold a permanent Hostel Superintendent post. The Court held the posting was temporary and allowed the reversion of the appellant to her regular post.
The writ appeal was dismissed, upholding the order reversing the appellant to her original place of posting.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 350 of 2019
---- Petitioner
Versus
---- Respondents
For Appellant : Mr. Roop Naik, Advocate For Respondent 1 to 6 : Mr. Sudeep Verma, Dy. Government Advocate
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Hon'ble Shri P. R. Ramchandra Menon, CJ Hon'ble Shri Parth Prateem Sahu, J
Order On Board
Per Parth Prateem Sahu, J
18/11/2019
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(LB), Government Boys Primary School, Khamariya, Block Takhatpur, District Bilaspur. Aggrieved by this order the petitioner preferred writ petition before the learned Single Judge, who after hearing both the sides declined to interfere in the order dated 19.6.2019.
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been given charge of 'Hostel Superintendent' until further orders. Thus, it is apparent that it was not a transfer but temporary arrangement till regular arrangement is made. Perusal of order Annexure P-2 dated 2.3.2019 reveals that respondent No.9 has been directed to perform duties of the Superintendent, PostGraduate Tribal Girls Hostel, Bilaspur and in compliance thereof, the appellant has handed over charge of the said post to respondent No.9 and she is discharging the duties in such capacity. By virtue of Annexure P-1, respondent No.8 has been given charge of 'Hostel Superintendent', Post Metric Tribal Girls Hostel, Jarhabhata, Bilaspur and the appellant was directed to join at her original place of posting. A glance of this order would show that respondent No.8 is appointed on the post of 'Hostel Superintendent' itself.
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cannot post her at the Post Graduate Girls Hostel is concerned, we do not find force in this submission. It is the case of appellant herself that respondent No.9 was posted vide order dated 2.3.2019. She also assumed her charge by taking it over from appellant. Appellant was discharging duties as In-charge Superintendent of Post Metric Tribal Girls Hostel, Bilaspur since March, 2019. In place of appellant, respondent No.8 is posted, whose initial appointment is of 'Hostel Superintendent'.
Sd/Sd/(P.R. Ramchandra Menon) (Parth Prateem Sahu) Chief Justice Judge
roshan/-
2 issues framed by the court
Whether an employee temporarily posted as a Hostel Superintendent has a preferential right over a permanent employee appointed for that sanctioned post.
Whether an employee appointed as In-charge Superintendent as a stop-gap arrangement can be reverted to her regular post without violating her rights.
Ku. Rekha Khande
State of Chhattisgarh, through Secretary, Department of Tribal Welfare
State of Chhattisgarh, through Secretary, Department of School Education
The Commissioner, Tribal Welfare Department
The Collector (Tribal Development) Bilaspur
The Assistant Commissioner (Tribal Welfare) Bilaspur
P. R. Ramchandra Menon
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
