Shri Ramaasra Netam Vs State of Chhattisgarh

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NAFR

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Digitally signed by ALOK ALOK SHARMA SHARMA Date:2025.09.17 11:05:07 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR Jugment Reserved on : 30/06/2025 Judgment Delivered on: 16/09/2025

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WPS No. 6622 of 2025

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1 - Shri Ramaasra Netam S/o Bhagirati Netam Aged About 56 Years R/o 197, Bhajnalri Ward No.-1, Tahsil - Narharpur, District - North Bastar Kanker (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through - Secretary, The School Education Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

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2 - The Director Public Education Directorate, Raipur, District - Raipur (C.G.)

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3 - The District Education Officer Kanker, District - North Bastar Kanker (C.G.)

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4 - The Block Education Officer Narharpur, District - North Bastar Kanker (C.G.)

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... Respondent(s)

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For Petitioner(s) : Mr. Shreyansh Pathak, Advocate. For Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. G.A. and Mr. Santosh Bharat, Panel Lawyer.

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Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

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CAV Judgment

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1 . The petitioner has filed the present writ petition against the order dated 05.06.2025 (Annexure P/1) issued by the Respondent No. 3, by which he has been posted at the Govt. Higher Secondary School, Tarhul, Block Durgukondal.

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2

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2 . Learned counsel for the petitioner would submit that the petitioner, who is a Lecturer (Political Science) and posted at the Govt. Higher Secondary School, Sarwandi, Block Narharpur, has been posted to the Govt. Higher Secondary School, Tarhul, Block Durgukondal, vide order dated 05.06.2025 under the rationalization instruction dated 02.08.2024. The school, where the petitioner has been posted, has no vacant sanctioned post or lecturer in political science, and therefore, he has not been given joining in that school. Another teacher, Smt. Lata Dandsena, who is a lecturer in history, is teaching in political science, and therefore, the petitioner was not permitted to join the Tarhul School. He would further submit that there is a complete violation of rationalization instructions dated 02.08.2024, and without any vacant sanctioned post, the authorities have posted the petitioner at the Govt. Higher Secondary School, Tarhul, therefore, the impugned order dated 05.06.2025 (Annexure P/1) may be quashed.

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3 . On the other hand, learned counsel appearing for the State, on instruction, opposes and submitted that under the rationalization instruction dated 02.08.2024, the petitioner was declared surplus at the Govt. Higher Secondary School, Sarwandi, and had been posted at the Govt. Higher Secondary school, Durgukondal, under the rationalization instruction dated 02.08.2024. He is relieved for the Govt. Higher Secondary School, Tarhul. He would further submit that there is a vacant sanctioned post in Tarhul School, and the Principal has given wrong information that there is no vacant sanctioned post, for which a show cause notice is issued to him, and departmental proceedings are proposed. The petitioner can join in the place of his posting, i.e. Govt. Higher Secondary School, Durgukondal. Not giving joining by the principal of the school would not be sufficient to quash the impugned order of his posting, which has been made under the rationalization instruction dated 02.08.2024.

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3

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4 . I have heard learned counsel for the parties and perused the documents annexed with the petition and considered the instructions submitted by the State.

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5 . The main grievance of the petitioner is that he has been posted at Govt. Higher Secondary School, Durgukondal, where no vacant sanctioned post of Lecturer (Political Science) is available. The State Counsel, on instruction, submitted that a vacant sanctioned post is available for a Lecturer (Political Science) at the Govt. Higher Secondary School, Durgukondal, and the petitioner can join there. It is only when the petitioner went for his joining, the principal of the Govt. Higher Secondary School, Durgukondal, gave in writing that there is no such post is available and he has not given joining, meaning thereby, the petitioner is also willing to join there at the Govt. Higher Secondary School, Durgukondal. Since the statement made by the State Counsel, on instruction, that there is a vacant sanctioned post available in the said school, the petitioner can join there. In view of the statement made by the state counsel that the post of Lecturer (Political Science) is available at the Govt. Higher Secondary School, Durgukondal, and for giving wrong information by the principal, a show cause notice is issued against him, and departmental proceedings are proposed; this court does not fine and scope for interference in the order impugned. No other ground has been raised by the petitioner to challenge the impugned order.

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6 . Accordingly, the writ petition is liable to be and is hereby dismissed .

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Alok

Shri Ramaasra Netam v. State of Chhattisgarh

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Shri Ramaasra Netam v. State of Chhattisgarh

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