2025:CGHC:58724 NAFR Digitally ABHIGYAsigned by SAXENA ABHIGYA SAXENA HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3589 of 2023

1 - Bhagwati Sahu W/o Shri Udayram Sahu, Aged About 42 Years R/o C/o Omprakash Soni Ward No. 1, Adjacent To Tehsil Office Geedam District Dantewada, Chhattisgarh.

... Petitioner(s)

versus

1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, Government Of Chhattisgarh Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh. 492002. 2 - The Secretary, Department Of Panchayat And Rural Development, Government Of Chhattisgarh Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh. 492002 3 - The Director, Directorate Of Public Instruction, Government Of Chhattisgarh, Indravati Bhavan District Raipur, Chhattisgarh.

4 - The District Education Officer, District Dantewada, Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Ashwin Panikar, Advocate For Respondent(s) : Mr. Sakib Amhed, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

03.12.2025

1. Heard Mr. Ashwin Panikar, learned counsel for the Petitioner as well as Mr. Sakib Ahmed, Panel Lawyer appearing for the State/Respondents

2. This petition has been filed by the petitioner seeking for the following relief(s) :-

“10.1. The Hon'ble Court may call for records from the respondents.

10.2. The Hon'ble Court may issue an appropriate writ or direction on the Respondent Authorities to absorb the Petitioner who joined on 07.07.2010 in the Department of School Education from 01.07.2018 as granted by the Respondent Authorities to, UshaNirala who joined on 13.07.2010, Laxmi Rajak who joined on 07.07.2010, Anju Patnaik who joined on 12.07.2010 and Deveshwari Dewangan who joined on 12.07.2010 or in the alternative direct the Respondent Authorities to absorb the Petitioner from 01.01.2019 as per order dated 02.07.2018.

10.3. The Hon'ble Court may grant cost of petition to the Petitioner.

10.4. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.”

3. Brief facts of the case, in nutshell, are that the Petitioner was appointed as Shiksha Karmi Grade–II vide order dated 29.06.2010 issued by the Chief Executive Officer, District Panchayat South Bastar, Dantewada, and was posted at Upper Primary School, Jhodipara Ronje. By the same appointment order, several others, namely Rajiv Mishra, Rajesh Kumar Khute, Navin Kishore Mishra, Deepti Gill, Sheela Kadiyam, Deveshwari Dewangan, Olivia Peter, Durga Devi Pataskar, Sanita Nishad, Anju Patnaik, Usha Barman, Hiraman Lal Verma, Laxmi Rajak and Binu Chandrakar, were also appointed as Shiksha Karmi Grade–II. The Petitioner joined her posting on 02.07.2010. Thereafter, by order dated 06.03.2013, the Chief Executive Officer, District Panchayat Dantewada, declared the Petitioner’s probation to be completed on 03.07.2012. In the same order, the probation of several other similarly placed employees was also declared complete on various dates in July 2012.

4. Subsequently, by order dated 30.06.2018, Respondent No.1 issued directions for absorption of teachers working in Panchayat/Urban bodies into the School Education Department on completion of eight years of service as on 01.07.2018. Again, by order dated 02.07.2018, Respondent No.1 clarified that teachers completing eight years of service as on 01.07.2019 would also be absorbed, and thereafter absorption exercises would be held on 1st January and 1st July every year. Pursuant thereto, by order dated 08.08.2019, the District Education Officer, South Bastar, Dantewada issued the absorption order with effect from 01.07.2019 in favour of the Petitioner along with several others, including Deepti Gill, Olivia Peter, Chitralekha Tiwari, Anju Patnaik, Heero Nareti, Deveshwari Dewangan, Sheela Kadiyam, Rajesh Khunte, Navin Kishore Mishra, Rajiv Mishra, Beenu Chandrakar, Durga Pataskar, Usha Nirala, Hiraman Lal Verma, Sanita Nishad an