Chattisgarh High Court
Sanju Ram Kanojiya vs State Of Chhattisgarh on 10 March, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 457 of 2021
Sanju Ram Kanojiya, Son of Shri Ramnath Kanojiya, aged about 45
years, at present posted and working as Incharge Principal,
Government High School Jabar, Block Balrampur, District
Balrampur-Ramanujganj (C.G.)
---- Appellant
Versus
1. State of Chhattisgarh, Through the Secretary, Department of
School Education, Mahanadi Bhawan, Atal Nagar, New Raipur,
District Raipur (C.G.).
2. Director, Directorate of Public Education, Indrawati Bhawan, New
Raipur, District Raipur (C.G.)
3. The Divisional Joint Director, Public Education, Surguja Division,
Ambikapur, District Surguja (C.G.)
4. The District Education Officer, Balrampur, District Balrampur-
Ramanujganj (C.G.)
5. The Block Education Officer, Balrampur, District Balrampur-
Ramanujganj (C.G.)
6. Amar Vijay Ram, Son of Late Jagdhari Ram, aged about 55 years,
Presently working on the post of Head Master, Government Middle
School, Jabar, Block Balrampur, District Balrampur-Ramanujganj
(C.G.)
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Rahul Agrawal, Advocate.
For Respondents No. 1 to 5 : Ms. Astha Shukla, Government Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Justice Gautam Chourdiya, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
10.03.2022
Heard Mr. Rahul Agrawal, learned counsel for the appellant. Also
heard Ms. Astha Shukla, learned Government Advocate, appearing for
respondents No. 1 to 5.
2. This appeal is presented against an interim order dated 08.11.2021
passed by the learned Single Judge in Writ Petition (S) No. 5985 of 2021,
staying the order dated 04.10.2021 passed by the respondent No.
3/Divisional Joint Director, Public Education, Surguja Division, till the
disposal of the writ petition.
3. The case projected in the writ petition was that by an order dated
08.09.2021 passed by the respondent No. 4/District Education Officer,
Balrampur-Ramanujgan, the writ petitioner was posted on the basis of
seniorty as In-charge Principal of Government High School, Jabar, Block-
Balrampur, District-Balrampur-Ramanujganj. He had taken charge of
Principal. The present appellant preferred a writ petition being Writ
Petition (S) No. 5522 of 2021, challenging the aforesaid order dated
08.09.2021.
4. While issuing notice on 01.10.2021, the learned Single Judge did
not grant an interim order. Three days later, the order dated 04.10.2021
came to be passed, whereby, the order dated 08.09.2021 was cancelled
and the appellant was allowed to discharge duty as In-charge Principal.
5. Noticing the aforesaid factual situation, the learned Single Judge
exercised discretion to stay the order dated 04.10.2021.
6. Having regard to the factual matrix as noticed hereinabove, we find
no good ground to interfere with the view taken by learned Single Judge
and accordingly, the writ appeal is dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Brijmohan
