Digitally 2024:CGHC:47449 signed by REKHA SINGH NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6715 of 2024

1 - Uttam Kumar Sahu S/o Tula Ram Sahu Aged About 45 Years Presently Working As Lecturer (L.B. ) Govt. Higher Secondary School Jevdankhurd Block Kawardha District - Kabirdham (C.G.)

... Petitioner versus

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

2 - Director Public Instructions, Indrawati Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.)

3 - District Education Officer Kabirdham District - Kabirdham (C.G.)

4 - Block Education Officer Kawardha District - Kabirdham (C.G.)

5 - Ashok Kumar Chandravanshi Lecturer (L.B.) Govt. Higher Secondary School Jevdankhurd Block Kawardha District - Kabirdham (C.G.)

---- Respondents For Petitioner : Mr. C.Jayant K. Rao, Advocate For State : Mr. Suyashdhar Badgaiya, Dy.G.A.

For Respondent No.5 : Mr. Dharmesh Shrivastava, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

03.12.2024 Heard.

1. The petitioner has filed this petition seeking the following relief(s):-

“10.1 That, this Hon’ble Court may kindly be pleased to set aside the order dated 24.09.2024 (Annexure P/1), whereby the respondent No.5 has been given the charge of In-charge Principal.

10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to provide the charge of In-charge Principal to the petitioner in Government Higher Secondary School, Jevdankhurd, Block Kawardha, District Kabirdham (C.G.)

10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”

2. Mr. Rao, the learned counsel appearing for the petitioner would submit that the substantive post of the petitioner is Lecturer (Chemistry) and presently he is posted at Higher Secondary School Jevdankhurd, Block Kawardha, District Kabirdham (CG). He would contend that the petitioner was handed over the charge of Principal by the District Education Officer, Kawardha vide order dated 24.09.2024 (Annexure P/7). He would further contend that respondent No.5, who is junior to the petitioner, has been handed over the charge of Principal vide order dated 24.09.2024 (Annexure P/1). He would also contend that there are circulars issued by the State Government dated 04.08.2011 and 14.07.2014, which say that the charge of the regular post should be given to the senior most officer and not to a junior officer. He would also state that the charge of principal has been handed over to respondent No. 5 contrary to those circulars.

3. On the other hand, Mr. Shrivastava, learned counsel appearing for respondent No.5 would oppose the submissions made by Mr. Rao. He would submit that there are serious allegations against the petitioner, therefore, the charge of Principal has been handed over to respondent No. 5 by the District Education Officer.

4. Mr. Badgaiya, the learned Deputy Government Advocate appearing for the State would submit that the decision was taken by the District Education Officer after assessing the merit as well as seniority of the petitioner and respondent No. 5. He would further submit that as there were allegations against the petitioner, therefore, the charge of Principal has been handed over to respondent No. 5 and the present petition deserves to be dismissed.

5. I have heard the learned counsel appearing for the parties and perused the documents placed on the record.

6. Circulars dated 04.08.2011 and 14.07.2014 issued by the General Administration Department would show that the charge of the regular post should be given to a senior most officer.

7. In the present case, the petitioner is a senior lecturer than respondent No. 5 and the same is evident from the seniority list annexed as Annexure P/8. Initially, the charge of Principal was handed over to the petitioner vide order dated 24.09.2024 by the District Education Officer, Kabirdham but on the same day, another order wa