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2026:CGHC:5496

RJAATGHVENDRADsRJAiAigg TnGiteHadl V by EyNDRA NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 622 of 2023

1 - Smt. Shweta Thakur W/o Shri Khileshwar Singh Thakur Aged About

39 Years Working On The Post Of Head Master At Govt. Prayogik

Primary School Khairagarh District Khairagarh Chhuikhadan Gandai

Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of School

Education, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur

District Raipur Chhattisgarh.

2 - Director, Public Instruction, Indrawati Bhawan, Atal Nagar New

Raipur District Raipur Chhattisgarh.

3 - Collector Khairagarh Chhuikhadan Gandai District Khairagarh

Chhuikhadan Gandai Chhattisgarh.

4 - District Education Officer Rajnandgaon District Rajnandgaon

Chhattisgarh.

5 - District Education Officer Chhuikhadan Gandai District Khairagarh

Chhuikhadan Gandai Chhattisgarh.

6 - Block Education Officer Khairagarh District Khairagarh Chhuikhadan

Gandai Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. F.S. Khare, Advocate.

For Respondent(s)/State : Mr. Arpit Agrawal, Panel Lawyer.

2

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

31/01/2026

1. By way of this petition, the petitioner has prayed for following

reliefs:-

“10.1 That, the Hon'ble Court may kindly be

pleased to quash/set-aside the impugned order

dated 07.11.2022 (P/1) passed by respondent no.

4.

10.2 That, the Hon'ble court may kindly be

pleased to direct the respondent authorities to

allow the petitioner on the post of Head Master at

Government Prayogik Primary School Khairagarh

District Khairagarh Chhuikhadan Gandai (C.G.) in

compliance of circular dated 07.02.022 (P/4).

10.3 This Hon'ble court may kindly be call for the

records for its kind perusal which relates to

petitioner's matter.

10.4 Any other relief, which this Hon'ble Court

may deem fit and proper, may also be passed in

favour of the petitioner.”

2. Brief facts of the case, is that, the petitioner was initially appointed

to the post of Shiksha Karmi Grade-III vide order dated

06.10.2005 and was posted at Government Primary School,

Fingeshwar, District Raipur, now District Gariyaband (C.G.).

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Thereafter, vide order dated 15.07.2010, her services were

transferred on administrative grounds from Fingeshwar, District

Raipur, now District Gariyaband (C.G.), to Khairagarh, District

Rajnandgaon, now District Khairagarh–Chhuikhadan–Gandai

(C.G.). Subsequently, her services were absorbed in the School

Education Department and her post was changed to Assistant

Teacher (L.B.) vide order dated 10.08.2018. Further, vide order

dated 03.10.2022, the petitioner was promoted from the post of

Assistant Teacher (L.B.) to the post of Head Master and was

posted in the same school, i.e., Government Prayogik Primary

School, Khairagarh, District Khairagarh–Chhuikhadan–Gandai

(C.G.). In compliance with the said promotion order, respondent

No. 6 relieved the petitioner from her previous post and directed

her to join on the promotional post of Head Master in the same

school, pursuant to which she joined her duties as Head Master

on 13.10.2022. It is further submitted that the salary of the post of

Head Master was paid to the petitioner till December 2022.

However, suddenly, vide impugned order dated 07.11.2022

(Annexure P/1), respondent No. 4 cancelled the petitioner’s

promotion order dated 03.10.2022 on the ground that her seniority

date is 08.03.2010 and that the respondents were promoting

candidates through counselling. The petitioner submits that the

impugned order dated 07.11.2022 was served upon her on

07.01.2023. Hence, this petition.

3. Learned counsel for the petitioner submits that the impugned

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order dated 07.11.2022 is illegal, arbitrary, and contrary to the

circular of the State Government dated 07.02.2022, as the

petitioner was duly promoted from the post of Assistant Teacher

(L.B.) to the post of Head Master vide order dated 03.10.2022 and

was posted in the same school, namely, Government Prayogik

Primary School, Khairagarh, D