Alista Ekka Vs State of Chhattisgarh

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 949 of 2024

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Rajendra Prasad Kushwaha S/o Dadnu Ram Kushwaha Aged About 51 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Lodhi, Block Wadrafnagar, District Balrampur-Ramanujganj, Chhattisgarh

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Vinay Kumar Yadav S/o Lakshan Dhari Aged About 46 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Jourahi, Block Wadrafnagar, District Balrampur-Ramanujganj, Chhattisgarh

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Chandrabhan Prasad Gupta S/o Ambika Prasad Gupta Aged About 55 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Chandi, Block Wadrafnagar, District Balrampur-Ramanujganj, Chhattisgarh

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---- Petitioners

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Versus

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State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Dist. Raipur, Chhattisgarh

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Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur, Chhattisgarh

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Joint Director Education Division Surguja (Ambikapur), Dist. Surguja, Chhattisgarh

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Collector District Balrampur-Ramanujganj, Chhattisgarh

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District Education Officer Balrampur-Ramanujganj, Dist. BalrampurRamanujganj, Chhattisgarh

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Block Education Officer Wadrafnagar, Dist. Balrampur-Ramanujganj, Chhattisgarh

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---- Respondents

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WPS No. 956 of 2024

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Alista Ekka W/o Shri Martin Ekka, Aged About 41 Years Working As Headmaster And Posted At Government Primary School Korwapara, Singhma, Block Rajpur District Balrampur Ramanujganj, Chhattisgarh

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---- Petitioner

Versus

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

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The Director, Public Education Indravati Bhawan, Atal Naar, Nagar, Mantralaya New Raipur District Raipur Chhattisgarh.

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The Collector, Balrampur, District Balrampur - Ramanujganj Chhattsgarh.

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The District Education Officer, Balrampur District Balrampur Ramanujganj Chhattisgarh.

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The Block Education Officer, Block Rajpur, District Balrampur Ramanujganj Chhattisgarh.

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---- Respondents WPS No. 984 of 2024

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Uday Kumar Yadav S/o Ramji Prasad Yadav Aged About 54 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Jawakhadi Palgi, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Buddhdev Yadav S/o Raghunandan Aged About 48 Years Working As Head Master (Primary School), And Promoted At Government Primary School Kekarjhariya, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Parasnath Yadav S/o Butoo Yadav Aged About 54 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Korhatipara Trikunda, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Deelip Kumar Nayak S/o Guna Ram Nayak Aged About 39 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Dumdumapara Palgi, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Tarachand Yadav S/o Tulsi Yadav Aged About 52 Years Working As Head Master (Primary School), And Promoted At Government Primary School, Dumardih, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Baldev Singh Ayam S/o Shankar Ayam Aged About 48 Years Working As Head Master (Primary School) And Promoted At Government Primary School, Patrapara, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Manmohan Yadav S/o Gajadhar Yadav Aged About 38 Years Working As Head Master (Primary School) And Promoted At Government Primary School, Marma, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Shiv Kumar Ram S/o Rajpal Ram Aged About 53 Years Working As Head Master (Primary School) And Promoted At Government Primary School, Marma (Education), Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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Jagan Prasad Yadav S/o Raghuvanshi Yadav Aged About 50 Years Working As Head Master (Primary School) And Promoted At Government Primary School, Korhatipara Palgi, Block Ramchandrapur, District Balrampur-Ramanujganj Chhattisgarh

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---- Petitioners

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Versus

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

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Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (Chhattisgarh)

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Joint Director Education Division Surguja (Ambikapur), District Surguja Chhattisgarh

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Collector District Balrampur-Ramanujganj Chhattisgarh

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District Education Officer Balrampur-Ramanujganj, District Balrampur-Ramanujganj Chhattisgarh

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Block Education Officer Ramchandrapur, District BalrampurRamanujganj Chhattisgarh

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---- Respondents

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(Cause-title taken from Case Information System)

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For Petitioners : Mr. Govindra Prasad Dewangan, Advocate Mr. Om Prakash Sahu, Advocate For State : Ms. Shailja Shukla, Dy. G.A. Mr. Suyashdhar Diwan, Dy. G.A.

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Hon'ble Shri Justice Arvind Singh Chandel

ORDER ON BOARD

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15/02/2024

Since, the issues involved in this bunch of writ petitions are common, the same are being heard and disposed of finally by this common order.

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Challenge in these writ petitions is to the impugned order, whereby respondent-authority without canceling the posting order of the petitioners directed them to appear in the counseling for fresh place of posting.

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Relevant facts for disposal of these writ petitions is that some of the petitioners have filed petitions before this Court challenging the order dated 20.10.2022, whereby Collector Balrampur, Ramanujganj has cancelled the promotion order and directed to do promotion through counseling. This Court stayed the order dated 20.10.2022 holding that the Collector has no authority to cancel the promotion order issued by the Competent-Authority. Thereafter, the Collector clarified the factual matrix vide its memo/order dated 25.10.2022 that promotion order has not been cancelled, only the posting of promoted Headmasters has been cancelled. Subsequently, the Collector has cancelled his earlier order and on the very day, the District Education Officer (DEO) constituted five-members Counseling Committee for posting of the promoted Headmasters, which was also clarified by State Government that the Committee constituted by DEO is only for considering the posting of the Headmasters, who have promoted vide order dated 14.10.2022.

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Learned counsel for the petitioners in all petitions submits that pursuant to order dated 14.10.2022, petitioners herein have already joined their promoted place of posting as Headmaster and, therefore, case of the petitioners herein is also squarely covered with order/judgment dated 26.07.2023 passed by Co-ordinate Bench of this Court in WPS No.5166 of 2023 (Smt. Subhagini Lakda Vs. State of Chhattisgarh and Ors.), wherein the Court has clarified the fact that the assistant teachers, who have already promoted and joined their

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promoted place of posting, their original institution shall be considered as promoted place. Hence, it is prayed that this writ petition may also be disposed of in the light of decision of Smt. Subhagini Lakda (supra).

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Learned State Counsel fairly admitted that case of the petitioners herein is also squarely covered with case of Smt. Subhagini Lakda (supra) .

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Heard learned counsel for the respective parties, perused the writ petitions and also gone through the case of Smt. Subhagini Lakda (supra).

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Relevant para of case of Smt. Subhagini Lakda (supra) reads as under:-

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“5. It is clarified that the direction issued by the Block Education Officer on 27.06.2023 will not be applicable to the case of the petitioner as he has already promoted and joined. It is also made clear that the assistant teachers who have already promoted and joined in their promoted post, their original institution shall be considered as promoted place and rest of the assistant teachers who have not joined the place after promotion, their principal institution will be treated the institution where they are working as Assistant Teacher.”

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From the pleadings made in these writ petitions, it is quite vivid that petitioners herein have also joined their promoted place of posting as Headmaster pursuant to order dated 14.10.2022 and, therefore, case of the petitioners is squarely covered with case of Smt. Subhagini Lakda (supra). Thus, direction issued to the petitioners by the concerned District Education Officer/Block Education Officer regarding participation in the counseling proceedings for their posting is not applicable to them.

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Considering facts of the case, grounds raised in writ petition, nature of relief, submissions of learned counsel for the respective parties that case of petitioners herein is also identical to the case of Smt. Subhagini Lakda (supra), it would be appropriate to dispose of these writ petitions in the light of decision of Smt. Subhagini Lakda (supra).

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10.Accordingly, all the above writ petitions are disposed of at this stage in the similar terms and observations made by co-ordinate Bench of this Court in case of Smt. Subhagini Lakda (supra). However, respondents-authorities are directed to verify the facts before taking any final decision in case of the petitioners.

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Sd/(Arvind Singh Chandel) JUDGE

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ved

Alista Ekka v. State of Chhattisgarh

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Alista Ekka v. State of Chhattisgarh

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