R.L. Mishra Vs the State of Chhattisgarh

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Digitally ABHIGYA signed by SAXENA ABHIGYA SAXENA

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2025:CGHC:44961

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 57 of 2023

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1 - R.L. Mishra S/o Late Shri Tilakdhari Mishra Aged About 58 Years Presently Posted As Principal In The Government Girls Higher Secondary School Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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... Petitioner(s)

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versus

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1 - The State Of Chhattisgarh Through The Principal Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh

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2 - The Directorate Of Public Instruction Department Of School Education, Indrawati Bhawan, Atal Nagar, District : Raipur, Chhattisgarh

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3 - The Joint Director School Education Department, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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4 - The District Education Officer Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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5 - Smt. S.S. Quraishi Posted As Vice- Principal, In The Government Girls Higher Secondary School Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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... Respondent(s)

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For Petitioner(s) : Mr. Sushil Dubey, Advocate For Respondent(s) : Mr. Ankur Kashyap, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

03/09/2025

This petition is preferred against orders dated 28.12.2022.

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By way of this petition, the petitioner has prayed for following reliefs:-

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"10.1 It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

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10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside/quashed the impugned order dated 28.12.2022 issued by the Respondent No.1.

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10.3 Any other relief/reliefs, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners."

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Vide order dated 11.01.2023, the petitioner was granted stay by this Court.

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Learned counsel for petitioner submits that petitioner is holding the post of regular Principal. Vide order dated 30.09.2022, petitioner was transferred from Government Girls Higher Secondary School, Darima District Surguja to Government Girls Higher Secondary School, Ambikapur, District Surguja. In compliance of said order, petitioner has joined transferred place, after his joining transfer order dated 30.09.2022 was cancelled vide Annexure P-1 dated 28.12.2022 and no specific reasons has

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been assigned but only mentioned on administrative grounds. He contended that only to accommodate respondent No.5 who earlier to joining of petitioner was working as in-charge Principal, transfer order of petitioner is cancelled, there is no any administrative exigency. Learned counsel for the petitioner further avers that by virtue of stay order dated 11.01.2023, the petitioner is continuing in his place of posting, he is also going to retire very soon as such the impugned transfer order may directed to be quashed.

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Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such, by the afflux of time the said orders, has lost its efficacy and as such the order(s) dated 28.12.2022 required to be quashed and accordingly the said order under challenge is hereby quashed.

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However, liberty is granted to the respondent State authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. Taking into consideration the fact that the petitioner is going to retire soon.

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With the aforesaid observations and directions, the writ petition is disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Saxena

R.L. Mishra v. the State of Chhattisgarh

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R.L. Mishra v. the State of Chhattisgarh

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