Suk Kumar Meshram v. State of Chhattisgarh
Case Details
1 WPS No. 5221 of 2014 Suk Kumar Meshram Vs. State of Chhattisgarh 2025:CGHC:7287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5221 of 2014 Order Reserved on : 02.12.2024 Order Passed on : 10.02.2025 Suk Kumar Meshram S/o Shri Ratan Singh Meshram, Aged About 51 Years Headmaster, R/o At Post Mohala, (Manatola), Mohala, District- Rajnandgaon, Chhattisgarh -- Petitioner versus 1. State of Chhattisgarh, Through The Secretary, Tribal Welfare Department, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 2 - Assistant Commissioner, Tribal Welfare Department, District : Rajnandgaon, Chhattisgarh 3 - The Collector-Cum-Mission Director Rajiv Gandhi Shiksha Mission, Raipur, District : Raipur, Chhattisgarh -- Respondents/State For Petitioner
Legal Reasoning
: Mr. Prateek Singh Thakur, Advocate on behalf of Mr. Anup Majumdar, Advocate. For Respondents/State : Ms. M. Asha, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey C A V ORDER 1. The petitioner has filed this petition under Article 226 of the Constitution of India against the order dated 04.09.2014 (Annexure P/1) passed by respondent No. 2 and praying for the following reliefs:- “10.1. That this Hon’ble Court may kindly be pleased to quash the impugned order dated 04.09.2014 and further respondent authorities may be directed to allow the petitioner to work as Supportive Teacher at Block- 2 WPS No. 5221 of 2014 Suk Kumar Meshram Vs. State of Chhattisgarh Mohala. 10.2. That the Hon’ble Court may further be pleased to pass any other or issue any suitable writ/order directions as the Hon’ble Court may deem fit under the circumstances of the case. 2. The facts of the case, as projected in the present writ petition, in brief, petitioner was appointed as Assistant Teacher in Tribal Welfare Department. In the year 2006, petitioner was sent on deputation as supportive Teacher in Block Resource Centre, Mohala under Rajiv Gandhi Shiksha Mission. Rajiv Gandhi Shiksha Mission is a scheme by State Government under Sarva Shiksha Shiksha Abhiyan and to further fortify the project on 27.07.2005, the State mission office approved project set of posts for each Blocks in the district. It is mentioned in the order that there will be three posts of supportive teacher in a Block Supportive Teacher are to be filled up by deployment of senior and experienced teacher whose & salary would be drawn from their original place of posting. The petitioner used to draw his salary from School, Mohala and petitioner joined as Supportive Teacher in Block Mohala on 27.11.2006. In the year 2007 petitioner granted promotion on the post of Teacher and was posted at Government Boys High School, Mohala. Thereafter, the petitioner was promoted to the post of Headmaster, Middle School and was posted at Pre-Middle School, Paurkheda in the year 2012. The petitioner though posted as Paurkheda, but he continued to served deployment as supportive Teacher under Rajiv Gandhi Shiksha Mission. There are total 57 students in Pre-Middle School, Paurkheda and there are 4 teachers including petitioner, who is part time Headmaster in the school. As per the requirement under Schedule appended to Right to Compulsory Education Act. There are sufficient teachers in the Middle School, Paurkheda as per strength of the 3 WPS No. 5221 of 2014 Suk Kumar Meshram Vs. State of Chhattisgarh school. On complaint of village- Paurkheda that petitioner is absent from the school at Paurkheda since 02.02.2011, a show cause notice was issued to the petitioner to initiate departmental proceedings under Chhattisgarh Civil Services (Clarification, Control & Appeal) Rules, 1966. The petitioner submitted his reply to the show cause notice on 28.08.2014 explaining his reason of absence and about false complaints. The Assistant Commissioner passed the impugned order dated 04.09.2014 and directed to the petitioner to take charge at Pre-Middle School, Paurkheda, otherwise warned to face disciplinary proceedings, on 01.09.2014 one Ashish Lal was posted as Teacher at Paurkheda. As per the latest policy of Rajiv Gandhi Shiksha Mission, the Block Resources Co-ordinator will be Senior Headmaster and petitioner is posted as Supportive Teacher. Copy of letter dated 30.05.2014 is filed as Annexure P/9. As per the recent policy, the petitioner will be posted as B.R.P. and the whole exercise has been undertaken to remove the petitioner from the post of Supportive Teacher, so that he may not be posted as Block Resources Co-ordinator. Hence, this petition. 3. Learned counsel for the petitioner submits that the impugned order passed by respondent No. 2 is illegal, arbitrary and bad in eye of law, respondent No. 2 has deployed the services of the petitioner under Rajiv Gandhi Shiksha Mission as Supportive Teacher, but respondent No. 3, on the basis of anonymous complaints, has initiated action against the petitioner to invoke disciplinary proceedings. The Assistant Commissioner despite acknowledging the factum of deployment has directed the petitioner to join to Paurkheda, the order of deployment has been passed by Collector, of the district, who is also district head of the Rajiv Gandhi Shiksha Mission, no inferior authority can 4 WPS No. 5221 of 2014 Suk Kumar Meshram Vs. State of Chhattisgarh pass any order in order to nullity the effect of earlier order passed by superior officer. Hence, impugned order is illegal. Learned counsel for the petitioner further submits that the service of the petitioner has been deployed under Rajiv Gandhi Shiksha Mission and no complaints have been received against him in the said assignment and copies of certificates are filed as Annexure P/10, thus it is legally impossible for the petitioner to serve under both Rajiv Gandhi Shiksha Mission and Headmaster, Middle School. The malafide on the part of the authorities are evident from the fact that as soon as they received the reply dated 28.08.2014 of the petitioner, one teacher was immediately transferred at Pre-Middle School, Paurkheda. Thus, the impugned order dated 04.09.2014 (Annexure P/1) is liable to be set aside. 4. On the contrary, learned counsel for respondents/State strongly and vehemently opposes the above prayer made by learned counsel for the petitioner and submits that impugned order dated 04.09.2014 (Annexure P/1) has been passed as per the order of the Collector. It is evident that a note-sheet was submitted by the Assistant Commissioner, Tribal Development before the Collector, District- Rajnandgaon to the effect that the petitioner should be posted in his original place of posting as Headmaster, Middle School as per the order of the Collector, the impugned order dated 04.09.2014 has been issued and the relevant page of note-sheet is being filed herewith as Annexure R/3. The impugned order dated 04.09.2014 (Annexure P/1) has been issued as per the order/direction of the Collector. Learned counsel for the State further submits that the petitioner has been promoted to the post of Headmaster Middle School as per the recommendation of the DPC vide order dated 29.01.2011 (Annexure R/4) and by way of the aforesaid promotion order, the petitioner has been posted at Govt. Middle School, Paurkheda Block- Mohala, 5. 6. 5 WPS No. 5221 of 2014 Suk Kumar Meshram Vs. State of Chhattisgarh District- Rajnandgaon. The said promotion order has been issued subsequent to the order dated 25.11.2006 (Annexure R/5), in which the petitioner has been posted as Headmaster, Middle School, Paurkheda, therefore, the petitioner is bound to join as Headmaster, Middle School or to forgo his promotion. Thus, the impugned order dated 04.09.2014 (Annexure P/1) is just, proper and legal. There is no infirmity or illegality in the same, therefore, the instant petition is liable to be dismissed. I have heard learned counsel for the respective parties and perused the material available on record including the impugned order. It is an admitted position in this case that petitioner was appointed as Assistant Teacher in Tribal Welfare Department and had joined his services in the said department. In the year 2006, the petitioner was sent on deputation as supportive Teacher in Block Resource Centre, Mohala under Rajiv Gandhi Shiksha Mission by the Collector, District- Rajnandgaon. Thereafter, he was promoted to the post of Upper Division Teacher and Headmaster. As per order dated 01.09.2014 (Annexure P/8), one Ashish Lal was posted at Pre- Middle School, Paurkheda and as per order dated 04.09.2014 (Annexure P/1) petitioner was directed to join his duty in his original place of posting i.e., Pre- Middle School, Paurkheda, Block- Mohala, District- Rajnandgaon within three days. 7. Learned counsel for respondents/State has filed Annexure R/1 & Annexure R/2, which shows that he was absent from the School at Paurkheda since 02.02.2011. As per note-sheet (Annexure R/3) of Collector, Rajnandgaon, petitioner was directed to join his duty at Pre- Middle School, Paurkheda, Block- Mohala, District- Rajnandgaon. 8. It is vivid that petitioner has only objected the order dated 04.09.2014 6 WPS No. 5221 of 2014 Suk Kumar Meshram Vs. State of Chhattisgarh (Annexure P/1), but he did not point out any illegality or irregularity in the said order. Petitioner is a government servant and he is bound to obey the order of higher officer and it is evident that he is a Headmaster and being a Headmaster, his services are required in the school and his primary work is teaching and maintaining the administrative work of school. It is also quite vivid that after receiving the show cause notice dated 20.08.2014 (Annexure P/6), the petitioner had filed his reply/objection on 28.08.2014 as Annexure P/7 and as per note-sheet dated (Annexure R/3), after considering his reply/objection, the impugned order dated 04.09.2014 (Annexure P/1) was passed by Respondent No. 2. 9. Considering the entire facts and circumstances of the case, I am of the view that there is no illegality or infirmity in the impugned order. The same are just and proper, warranting no interference by this Court. 10.
Decision
As a sequel, the writ petition, being bereft of merit, is liable and is hereby dismissed. 11. Interim order granted earlier, if any, shall be vacated. Sd/- (Rajani Dubey) JUDGE Digitally signed by AMIT PATEL Date: 2025.02.10 15:57:18 +0530 AMIT PATEL