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Tarun Kumar Das Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

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Chhattisgarh HC
2025
Tarun Kumar Das Vs State of ChhattisgarhTarun Kumar Das v. State of Chhattisgarh

Dismissed¶25

Tarun Kumar Das v. State of Chhattisgarh

Chhattisgarh HC14 Jul 2025WPS/1029/2021

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPS No. 1029 of 2021; decided 15/07/2025 by Justice Rakesh Mohan Pandey. Petitioner Tarun Kumar Das, Lecturer, J.M.S. Higher Secondary School, Jagdeeshpur, District Mahasamund, challenged appointment of respondent No. 6 Subhashchandra Nand as In-charge Principal vide order dated 29.10.2020 claiming seniority-based entitlement to Principal's charge. Respondents included State of Chhattisgarh (School Education Department), Joint Director Public Instruction Raipur, DEO Mahasamund, Divisional Joint Director Education Raipur, and Menno Christian Education Society (minority-run society). Petition dismissed as infructuous after respondent No. 6's superannuation on 30.04.2025; petitioner free to approach Competent Authority for redressal. Keywords: seniority, In-charge Principal, higher secondary school, minority institution, infructuous, superannuation, liberty to apply.

What did the court decide?

Liberty to move an application for redressal of grievances before the Competent Authority. ¶25

Why is it important?

Since respondent No. 6 had already retired from service on superannuation on 30.04.2025, nothing remained for adjudication and the petition stood rendered infructuous. ¶24

What the court decided

AI extract

Outcome

Liberty to move an application for redressal of grievances before the Competent Authority.

Issue for consideration

Whether the petitioner, being senior to respondent No. 6, was entitled to get the charge of Principal of J.M.S. Higher Secondary School, Jagdeeshpur, in place of respondent No. 6 who was appointed In-charge Principal by order dated 29.10.2020. +1 more

Ratio / Principle

Since respondent No. 6 had already retired from service on superannuation on 30.04.2025, nothing remained for adjudication and the petition stood rendered infructuous.

Key takeaways

The petitioner was left at liberty to move an application for redressal of his grievances before the Competent Authority; the substantive question of seniority was not adjudicated.obiter¶24

Detailed headnote1 paragraphs

Service law / writ petition dismissed as infructuous — WPS No. 1029 of 2021 was filed by Tarun Kumar Das, a Lecturer at J.M.S. Higher Secondary School, Jagdeeshpur (District Mahasamund), challenging the order dated 29.10.2020 by which respondent No. 6 (Subhashchandra Nand) was appointed In-charge Principal, on the plea that the petitioner being senior was entitled to the charge of Principal. During hearing, counsel for respondents No. 5 and 6 (Menno Christian Education Society and Subhashchandra Nand) pointed out that respondent No. 6 had superannuated on 30.04.2025. Taking that fact on record, the High Court of Chhattisgarh (Rakesh Mohan Pandey, J.) held on 15.07.2025 that nothing remained for adjudication and dismissed the petition as infructuous, leaving the petitioner at liberty to seek redressal of his grievance before the Competent Authority. The seniority question was not decided on merits; no precedent or statutory provision was relied upon.

A

1

Digitally signed by RAMESH KUMAR VATTI Date: 2025.07.17 12:24:17 +0530

2025:CGHC:33131

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1029 of 2021

Tarun Kumar Das S/o Shri Nishamani Das Aged About 55 Years Working As Lecturer, J.M.S. Higher Secondary School, Jagdeeshpur, DistrictMahasamund, Chhattisgarh

--- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh

2 - The Joint Director Public Instruction Division, Raipur, Pension Bada, Raipur, District : Raipur, Chhattisgarh

3 - The District Education Officer Mahasamund, District- Mahasamund, Chhattisgarh

4 - The Divisional Joint Director Education Division, Raipur, District : Raipur, Chhattisgarh

5 - Menno Christian Education Society (An Organization Run By Minority Of Group) H.Q. Jagdeeshpur, District- Mahasamund, Chhattisgarh Present Headquarter C/o Jyoti Higher Secondary School, Korba, Through Its Chairman/secretary., District : Korba, Chhattisgarh

6 - The Subhashchandra Nand Posted As Lecturer, J.M.S. Higher Secondary School, Jagdeeshpur, District- Mahasamund, District : Mahasamund, Chhattisgarh

--- Respondents For Petitioner : Ms. Prachi Singh, Advocate holding the brief of Mr. Shikhar Sharma, Advocate For Respondents No. 1 to 4 : Mr. Rajkumar Gupta, Additional Advocate General For Respondents No. 5 & 6 : Mr. U.N.S. Deo, Advocate

Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

15/07/2025

The petitioner has challenged the order dated 29.10.2020, whereby

2

respondent No. 6 was appointed In-charge Principal of J.M.S. Higher Secondary School, Jagdeeshpur, District Mahasamund.

The petitioner in this petition has pleaded that he was Senior to Respondents No. 6, therefore, he was entitled to get the charge of the Principal.

Mr. U.N.S. Deo, learned counsel appearing for respondents No. 5 and 6, would submit that respondent No. 6 has already superannuated on 30.04.2025 and thus, this petition has become infructuous. The document in this regard has been placed during the course of the argument. The said document is taken on record.

Taking into consideration the fact that respondent No. 6 has already got retired from the services on 30.04.2025, in my opinion, nothing remains for the adjudication. The petitioner would be at liberty to move an application for redressal of his grievances before the Competent Authority.

Accordingly, the petition is dismissed being rendered infructuous.

Sd/-

(Rakesh Mohan Pandey) Judge

vatti

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, being senior to respondent No. 6, was entitled to get the charge of Principal of J.M.S. Higher Secondary School, Jagdeeshpur, in place of respondent No. 6 who was appointed In-charge Principal by order dated 29.10.2020.¶22
2.
Whether the petition had become infructuous owing to respondent No. 6's superannuation on 30.04.2025.medium confidence¶23
The court held
Since respondent No. 6 had already retired from service on superannuation on 30.04.2025, nothing remained for adjudication and the petition stood rendered infructuous.ratio¶24

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 29.10.2020 appointing respondent No. 6 (Subhashchandra Nand) as In-charge Principal of J.M.S. Higher Secondary School, Jagdeeshpur, District Mahasamund, challenged by the petitioner on the ground of his own seniority.¶21
29.10.2020
Prior proceeding
The petitioner instituted WPS No. 1029 of 2021 challenging the order dated 29.10.2020; his pleaded case was that, being senior to respondent No. 6, he was entitled to the charge of Principal.¶19

Parties & counsel

AI extract

petitioner
Tarun Kumar Das¶7
Prachi Singh, Shikhar Sharma
respondent
State Of Chhattisgarh Through The Secretary, School Education Department¶10
Rajkumar Gupta
respondent
The Joint Director Public Instruction Division, Raipur¶11
Rajkumar Gupta
respondent
The District Education Officer Mahasamund¶12
Rajkumar Gupta
respondent
The Divisional Joint Director Education Division, Raipur¶13
Rajkumar Gupta
respondent
Menno Christian Education Society¶14
U.N.S. Deo
respondent
Subhashchandra Nand¶15
U.N.S. Deo

Coram

AI extract

Rakesh Mohan Pandeyauthor¶17

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 14 Jul 2025 · July
Registered: 9 Feb 2021
Case no.: WPS/1029/2021
CNR: CGHC010036152021
Bench: Rakesh Mohan Pandey
Disposal: DISMISSED
Case type: WPS

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Cite this judgement

Tarun Kumar Das v. State of Chhattisgarh, WPS/1029/2021 (CG), decided on 14 July 2025.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history2

Order dated 29.10.2020 appointing respondent No. 6 (Subhashchandra Nand) as In-charge Principal of J.M.S. Higher Secondary School, Jagdeeshpur, District Mahasamund, challenged by the petitioner on the ground of his own seniority.29.10.2020
The petitioner instituted WPS No. 1029 of 2021 challenging the order dated 29.10.2020; his pleaded case was that, being senior to respondent No. 6, he was entitled to the charge of Principal.

View full history

Bench / Coram

Rakesh Mohan Pandey

Parties & counsel