Smt. Savita Bhaskar Vs State of Chhattisgarh

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2024:CGHC:35155

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 1703 of 2024

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1 - Smt. Savita Bhaskar W/o Shri Indrapal Bhaskar Aged About 50 Years R/o Village And Post - Badgaon, Tehsil Daundilohara, District Balod (Chhattisgarh)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department, Naya Raipur, Mantralaya, District Raipur (C.G.)

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2 - Joint Director Directorate Of Public Instructions, Durg, District Durg, Chhattisgarh 3 - District Education Officer Balod, District Balod, Chhattisgarh

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4 - District Education Officer, Bemetara District Bemetara, Chhattisgarh

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... Respondents

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For Petitioner : Mr. Anup Majumdar, Advocate For Respondents : Mr. Rishabh Bisen, P. L.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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09.09.2024

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The petitioner has filed this writ petition seeking for the following relief(s);

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“1 0.1 That the petitioner most humbly and respectfully prays to the Hon'ble Court to issue appropriate writ/order/direction for quashment of impugned notice dated 01.03.2024, contained in ANNEXURE-P/1.

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10.2 That the petitioner most humbly and respectfully prays to the Hon'ble Court to direct the respondents to allow the petitioner to render her services as Teacher (E Cadre) (Hindi Subject) in

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Government Middle School, Marri Bangla, Block Daundi Lohara, District Balod, Chhattisgarh.

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10.3 Any other relief whatsoever, the Hon'ble Court may deem fit and proper may also be granted to the petitioner.

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10.4 That, the Hon'ble Court may kindly set aside/quash the order dated 13.03.2024, and direct the respondent to allow the petitioner to render her services as Teacher (E) cadre, in Government Middle School, Marri Bangla, Block DaundiLobara, Balod, District Balod, Chhattisgarh”

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Learned counsel for the petitioner submits that the petitioner is presently working as Assistant Teacher (L.B.) and posted at Balod. Petitioner belongs to Schedule Caste Ccategory and she was appointed on 29.07.2007. A vague complaint was made against the petitioner with regard to the caste certificate of the petitioner upon which an enquiry was conducted by the State level High Power Caste Scrutiny Committee. The committee gave an adverse finding against the petitioner and which was challenged to Writ Petition (S) No. 841/2021 and this Court vide its interim order dated 05.03.2020 stayed the effect and operation of the order dated 25.01.2020 passed by the State level High Power Caste Scrutiny Committee. The petitioner continue to work as Assistant Teacher (L.B) and she was given promotion on the post of the Teacher (L.B.). He submits that by the impugned order herein in this writ petition, the petitoner was demoted on the post of Assistant Teacher (L.B). The petitioner belongs to Caste ‘Mahara’. He further submits that as per Constitution (Schedule Caste) order (Amendment) Act, 2023 for short Act of 2023, the anomaly created in the ‘Mahar', 'Mehra', 'Mehar' and 'Mahara ' has been removed and all these entries have been substituted at serial No. 33 of the Constitution (Schedule Caste) order (Amendment) Act, 2023.

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This Court on 19.03.2024 directed to State to examine the case of the petitioner in view of the subsequent Act, 2023 and file an affidavit in this regard. In compliance of the said order, the affidavit has been filed by the competent authority. Paragraph Nos. 4 &5 of the said affidavit reads as under:

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4. That, in compliance of the Hon'ble Court's order dated 19.03.2024 and further on 08.07.2024, the case of the present petitioner has duly been considered and examined in view of the Subsequent the Act, 2023 and subsequently, a proposal has been sent to the Joint Director, Education, Durg Division, District Durg by the District Education Officer, District Bemetara on 29.08.2024 regarding promotion and posting of the present petitioner in compliance of the directions passed by the Hon'ble Court in the subject matter on 19.03.2024 and further on 08.07.2024 wherein, it has categorically been mentioned that, the Hon'ble Court has specifically observed that, as per the Constitution (Scheduled Castes) Order (Amendment) Act, 2023, the anomaly created in the Mahar, Mahara, Mahra, Mehar, Mehra has been removed and all the entries have been submitted at Serial No. 33, therefore, in view of the aforesaid direction, necessary action be taken in the matter for promotion and posting of the present petitioner.

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5. That, further on 04.09.2024, the office of the District Education Officer, District Bemetara has issued a letter to the Joint Director, Education, Durg Division, District Durg regarding disposal of the case of the present petitioner and her representation wherein, it has categorically been mentioned that, after considering all the aspects of the matter and the materials available on records and also in view of the directions issued by this Hon'ble Court in the matter and also in view of the necessary amendment in the Constitution (Scheduled Castes) Order (Amendment) Act, 2023 whereby the anomaly created in the Mahar, Mahara, Mahra, Mehar, Mehra has been removed and all the entries have been submitted at Serial No. 33, the representation made by the petitioner dated 06.03.2024 regarding her promotion has duly been considered and aw.f allowed in accordance with law.

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Paragraph No. 6 further reflects as under:-

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“ 6. That, however, after considering all the aspects of the matter, the necessary action would be taken by the office of the Joint Director, Education, Durg Division, District Durg regarding the promotion and posting of the present petitioner as early as possible strictly in accordance with law.”

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Annexure R/2 filed by the respondents in their return indicates that proposal for promotion of the petitioner has been forwarded by the respondent No. 4 to respondent No. 2 vide its order dated 04.09.2024

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In light of the averments made in the affidavit and document filed in return by the respondents as Annexure R/2, this petition is disposed of and it is expected that respondent No. 2 shall take appropriate decision with regard to promotion and posting of the petitioner as early as possible in accordance with law preferably within a period of 90 days from the date of receipt of copy of this order. All pending applications, if any, are also disposed of.

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Sd/-

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(Sachin Singh Rajput) Judge

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H.Ansari

Smt. Savita Bhaskar v. State of Chhattisgarh

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Smt. Savita Bhaskar v. State of Chhattisgarh

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