KISHORE KUMAR DESHMUKH KISHORE KUMAR DESHMUKH Date: 2025.12.02 18:51:14 +0530

2025:CGHC:58307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12600 of 2025

1 - Nogendra Kumar Sahu S/o Ram Singh Sahu Aged About 35 Years R/o Ward No. 25, Kumharpara, Shriram, Colony, Mahasamund District-

Mahasamund (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through- Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Capital Complex. Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Director Public Education, Directorate, Indrawati Bhawan, Naya Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Commissioner Raipur Division, Raipur, District- Raipur (C.G.) 4 - Collector Cum President Of Swami Atmanand Government English School Sankara Jonk, Mahasamund District- Mahasamund (C.G.) 5 - Principal Swami Atmanand Government English Medium School Sankara Jonk Mahasamund District- Mahasamund (C.G.) 6 - District Education Officer Mahasamund, District- Mahasamund (C.G.)

... Respondent(s)

For Petitioner : Miss Apoorva Ghore, Advocate.

For State : Mr. Vinay Pandey, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

02.12.2025

1. The petitioner has preferred the present writ petition assailing the order dated 14.10.2025 (Annexure P/1) passed by the District Education Officer, Mahasamund, whereby the resignation tendered by the petitioner on 19.08.2025 has been accepted, and the subsequent request dated 29.08.2025 for withdrawal of the said resignation has been declined.

2. The brief facts, reflected from the record, indicate that the petitioner was appointed as a Lecturer in Physics on contract at the Atmanand English Medium School, Sankara (Jonk), initially for a period of one year. The contract was renewed annually and was last renewed on 13.05.2025 for a further period of one year vide Annexure P/3. The petitioner submitted his resignation on 19.08.2025 due to certain personal issues (Annexure P/7). Subsequently, on 29.08.2025, he submitted an application (Annexure P/8) seeking withdrawal of the resignation, stating that the same had been tendered under mental stress and due to coercive actions allegedly taken by one lady teacher and her parents before his own parents. It is his contention that he was threatened and compelled to sign the resignation and an apology letter, as such the resignation was not submitted on his free will, warranting its withdrawal. However, the District Education Officer, despite the prior submission of the withdrawal application, proceeded to accept the resignation and rejected the request for withdrawal. Aggrieved thereby, the petitioner has filed the present writ petition seeking quashment of the order dated

14.10.2025.

3. Learned counsel for the petitioner would submit that once application for withdrawl of his resigantion has been submitted before acceptance of his resigantion, the action of the respondents in accepting the resignation is illegal. To substantiate her submission she would refer to paragraph Nos. 14,15 and 20 to 30 of the judgment of the Hon’ble Supreme Court in case of Dr. Suman V. Jain vs. Marwadi Sammelan through Its Secretary and Others {(2024) 13 SCC 598}.

4. Per contra, learned counsel for the State would submit that the resignation tendered by the petitioner does not contain even a whisper of any of the allegations raised in the subsequent withdrawal application. Hence, it is to be presumed that the resignation was submitted voluntarily. Once the petitioner tendered his resignation, the same was required to be given effect to, and the subsequent request for withdrawal does not create any vested right in favour of the petitioner. It is further submitted that the petitioner’s service conditions are governed by the Chhattisgarh Civil Sewa (Samvida Niyukti) Niyam, 2012, which is silent on the aspect of resignation. In the absence of any specific provision, the procedure adopted by the respondents is proper, legal, and warrants no interference by this Cou