NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3703 of 2017 • Sarita Pandey W/o B. N. Pandey, Aged About 44 Years R/o Matrichhaya, Sector 3, Street No. 6, Professor Colony, Raipur, District Raipur Chhattisgarh ---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.

2. The District Education OfÏcer, Pension Bada, Raipur, District Raipur Chhattisgarh

3. Ganpat Sindhi Sikshan Samiti, Mahamaipaa, Raipur Through The President, Ganpad Sindhi Sikshan Samiti, Mahamaipaa, Raipur, District Raipur Chhattisgarh

4. The Principal, Ganpat Sindhi Sikshan Samiti, Mahamaipaa, Raipur, District Raipur Chhattisgarh

5. Rajuli Garg, Acting Principal, Ganpat Sindhi Sikshan Samiti, Mahamaipaa, Raipur, District Raipur Chhattisgarh ---- Respondent (Cause Title downloaded from CIS Periphery)

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For Petitioner Ms. Neelam Jaiswani, Advocate on behalf of Mr. Rajat Agarwal, Advocate For Respondent/State Mr. Rajiv Bharat, Government Advocate ……………………………………………………………………………

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board

23/2/2024

1. This petition has been filed by the petitioner against her illegal removal from services, who was employed as an Adhoc Teacher in the establishment of respondents 3 & 4, in the month of April 2017. The petitioner has prayed for the following relief(s) :

10.1 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandumus, certiorai or likewise any other appropriate writ, commanding and directing the respondent to place the complete record relating to the case of the petitioner.

10.2 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents No.1 & 2 to produce all the record related with the service of the petitioner in the institution of the respondent No.3 to 5 for just and proper decision of the case.

10.3 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents No.1 & 2 to pass an order of appointment in favour of the petitioner.

10.4 That, this Hon’ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents No.1 & 2 to initiate appropriate enquiry about the affairs and management of the respondents No.3 to 5 which are in absolute contravention of the minimum standard of education as prescribed by the respondents 1 & 2.

10.5 Any other relief, which the Hon’ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted.

2. Brief facts of the case are that the petitioner was appointed vide order dated 10.9.2013-Annexure P/1 on Adhoc Basis for an honorarium of Rs.2000/- per month under the establishment of respondents 3 to 5. Respondent 3 – Ganpat Sindhi Shikshan Samiti is a fully aided school under the provisions of law and comes under the School Education Department. The petitioner is a highly educated teacher and fulfills all the eligibility criteria for the said post. Though respondent No.2 paid a meagre amount of Rs.2000/- per month, which is not permissible under the eyes of law, but, considering the hardship, the petitioner joined the services and continued in the job. However, respondent Nos. 3 to 5 in an illegal manner removed the petitioner from the service in the month of April 2017. Hence, this petition.

3. Learned counsel for the petitioner would submit that removal of the petitioner is illegal and also payment of such a meagre amount of Rs.2000/- per month to the petitioner is also not reasonable. She would further submit that since respondent No.3 is a fully aided School, the petition may be allowed and appropriate directions may be issued in this regard. She would place reliance on the