Smt. Mamta Diwakar vs State Of Chhattisgarh
2022 Latest Caselaw 2422 Chatt

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                                                                   NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                           WA No. 109 of 2022
Smt. Mamta Diwakar W/o M.R. Diwakar Aged About 43 Years R/o
Moharana Pratap Ward, Mungeli, Tahsil And District Mungeli
Chhattisgarh.
                                                            ---- Appellant
                                 Versus
1.   State of Chhattisgarh Through Secretary, School Education
     Department, Mantralaya, Mahanadi Bhawan, Naya Raipur , District
     Raipur Chhattisgarh.
2.   Director Directorate of Public Instructions, Pension Bada, Raipur
     Chhattisgarh.
3.   Collector Cum District Mission Director Mungeli Collectorate
     Mungeli, District Mungeli Chhattisgarh.
4.   District Education Officer Mungeli Collectorate Mungeli, District
     Mungeli Chhattisgarh.
5.   Kumudani Ekka Government Kasturba Gandhi Balika Vidyalaya
     Chatarkhar, Tahsil Mungeli District Mungeli Chhattisgarh.
6.   Jyoti Dindore Government Kasturba Gandhi Balika Vidyalaya
     Chatarkhar, Tahsil Mungeli, District Mungeli Chhattisgarh.
                                                         ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Rajnish Singh Baghel, Advocate For Respondents No.1 to 4 : Mr. H.S. Ahluwalia, Deputy Advocate General

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Gautam Chourdiya, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

12.04.2022

Heard Mr. Rajnish Singh Baghel, learned counsel for the appellant.

Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General,

appearing for respondents No.1 to 4.

2. This appeal is presented against an order dated 14.02.2022 passed

by the learned Single Judge in Writ Petition (S) No.984 of 2022, whereby

the writ petition was dismissed in limine holding as follows :

"6. Since the petitioner's earlier writ petition claiming the

relief claimed in this writ petition has already been considered

and appropriate direction has been issued, and it is not the

case where the District Education Officer has considered the

representation of the petitioner and rejected his representation,

as such, no further writ petition can be entertained for the same

cause of action and accordingly, this writ petition is dismissed

in limine, being not maintainable. The petitioner is at liberty to

pursue his representation / to proceed in accordance with law.

No order as to cost(s)."

3. The respondent No.6 in the writ petition, namely, Jyoti Dindore, who

was a Hostel Superintendent of Kasturba Gandhi Girl Awasi School,

Chartkhar had taken leave on medical ground from 11.10.2021. Kasturba

Gandhi Girl Awasi School, Chartkhar, Block Mungeli, is run under the

Samgra Shiksha Scheme. As the leave was taken by the Hostel

Superintendent, one Kumudani Ekka, respondent No.5 in the writ petition,

numbered as Writ Petition (S) No.984 of 2022, was handed over the

charge of Hostel Superintendent by an order dated 29.10.2021. The

aforesaid order was challenged by the appellant herein by filing a writ

petition, numbered as Writ Petition (S) No.6501 of 2021, essentially,

taking a plea that the appellant was senior to Kumudani Ekka and

therefore, she should have been given charge.

4. The writ petition was disposed of directing the District Education

Officer, Mungeli, who has arrayed as respondent No.3 in the writ petition,

to decide the representation filed by the writ petitioner within a period of

45 days.

5. As the representation was not disposed of, the present writ petition

was filed, out of which this writ appeal arises.

6. Placing reliance on the reply as well as additional submission filed

on behalf of the State, Mr. Ahluwalia submits that the representation of

the appellant was turned down by passing a speaking order dated

23.03.2022 and by order dated 24.03.2022, respondent No.6, who had

taken leave on medical ground, has again been given the charge of

Hostel Superintendent of Kasturba Gandhi Girl Awasi School, Chartkhar,

Block Mungeli. It is also submitted that because of delay in putting up of

the file relating to representation submitted by the appellant, show-cause

notice has been issued to the dealing clerks. He has further submitted

that the respondent No.6 has assumed the charge of Hostel

Superintendent of Kasturba Gandhi Girl Awasi School, Chartkhar, Block

Mungeli.

7. In view of above, we find that there is no surviving cause of action

and accordingly, the writ appeal is dismissed as infructuous.

                          Sd/-                                    Sd/-
                 (Arup Kumar Goswami)                    (Gautam Chourdiya)
                      Chief Justice                             Judge

Anu