2025:CGHC:59295 Digitally VISHAKHA signed by BEOHAR VISHAKHA NAFR BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6136 of 2023

1 - Hemlal Nishad S/o Daulat Ram Nishad Aged About 38 Years Teacher (English) Government Middle School Kurrubhata Block Mainpur, District Gariyaband (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Divisional Joint Director Education Division Raipur Integrated Education Premises, 1st Floor Pension Bada Raipur District Raipur (C.G.)

4 - District Education Officer Gariyaband District Gariyaband (C.G.)

... Respondent(s)

For Petitioner(s) : Ms. Apoorva Pandey, Advocate on behalf of Mr. Mateen Siddiqui, Advocate For State : Mr. Devesh G. Kela, P.L.

(Hon’ble Shri Justice Amitendra Kishore Prasad)

Order on Board

05.12.2025

1. The present writ petition has been preferred questioning the arbitrary and irregular action of the respondent authorities in relation to the promotional avenue of the post of Teacher (Middle School), inasmuch as the respondents have failed to consider the petitioner’s actual place of posting at Government Middle School, Bodrabandha, Block Chhura, and have instead erroneously treated his posting as that of Government Middle School, Kurrubhata, contrary to the guidelines dated 29.03.2023 issued by the Under Secretary, School Education Department. Such non- consideration of the correct place of posting has adversely affected the petitioner’s legitimate claim for promotion and is unsustainable in the eye of law.

2. By way of this petition, following reliefs have been prayed:-

“10.1 The Hon'ble Court may kindly be pleased to direct the respondent State to consider the change of posting place of the petitioner at Government Middle School Gadaghat or Government Middle School Bodrabandha in place of Government Middle School Kurrubhata Block Mainpur District Gariyaband, or any nearby school in Chhura Block, as per the guideline/direction Dated 29.03.2023 issued Under Secretary, School Education Department.

10.2 The Hon'ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.”

3. Brief facts of the case are that the petitioner was initially posted as Assistant Teacher (L.B.) at Government Primary School Kumharmara, Block Chhura, District Gariyaband; that upon recommendation of the Departmental Promotion Committee he was promoted to the post of Teacher, whereafter the Divisional Joint Director, Raipur issued a memo dated 09.05.2023 directing Assistant Teachers (English) to appear for counselling on 21.05.2023, providing a list of 34 schools while concealing the availability of schools under Chhura Block, despite there being 178 vacant posts of Teacher (T-Cadre, English) out of 829 in Raipur Division; that vide order dated 25.05.2023 the petitioner was promoted and posted at Government Middle School Kurrubhata, Block Mainpur, District Gariyaband, and in view of the stipulation at Serial No.9 of the promotion order, which stated that refusal of promotion would disentitle an employee from future benefits of promotion/time-scale under GAD circular dated 23.09.2012, the petitioner duly accepted and joined the said place of posting; that the Director, Directorate of Public Instruction, Raipur had earlier issued guidelines dated 07.02.2022 mandating that posting on promotional posts shall be made by giving priority to teacher-less or single-teacher schools within the same block or, if not available, to the nearest block, and further the Under Secretary, School Education Department had issued another set of guidelines dated 29.03.2023 containing six norms for promotio