REKHA KHANDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner/appellant feeling aggrieved by the order of the learned Single Judge filed this writ appeal with the prayer that the impugned order be set aside and the reliefs, as sought in writ petition, be granted.

(2.) Facts of the case, in brief, are that the petitioner was originally appointed as 'Assistant Teacher (LB)' and posted at Government Primary School, Khamariya, Block Takhatpur, District Bilaspur (CG). By virtue of order Annexure P-3 dated 9.1.2019 the appellant has been directed to discharge duties as 'Superintendent, Post Metric Post-Graduate Tribal Girls Hostel, Jarhabhata, Bilaspur' until further orders. Subsequently, the order dated 9.1.2019 stood amended vide another order dated 2.3.2019 (Annexure P-2) and respondent No.9 has been directed to discharge duties of 'Hostel Superintendent, Post- Graduate Tribal Girls Hostel, Jarhabhata, Bilaspur'. Pursuant to the order dated 2.3.2019, respondent No.9 assumed the charge and has been discharging the duties as Hostel Superintendent, Post-Graduate Girls Hostel, Jarhabhata, Bilaspur. Respondent No.4 issued an order on 19.6.2019 handing over charge of the Hostel Superintendent, Post Metric Tribal Girls Hostel, Jarhabhata, Bilaspur to respondent No.8 and reverting back petitioner/appellant to her original post i.e. Assistant Teacher (LB), Government Boys Primary School, Khamariya, Block Takhatpur, District Bilaspur. Aggrieved by this order the petitioner preferred writ petition before the learned Single Judge, who after hearing both the sides declined to interfere in the order dated 19.6.2019.

(3.) Mr. Naik, learned counsel representing the appellant submits that since respondent No.9 is working as a 'teacher' in the Panchayat Department, she cannot be permitted to work as 'Hostel Superintendent'. He also submits that the learned Single Judge failed to consider that the post of 'Hostel Superintendent' is a sanctioned post and the appellant being absorbed in the School Education Department and posted as 'Hostel Superintendent' prior to respondent No.8, has preferential right to hold the post of 'Hostel Superintendent' of Post Metric Tribal Girls Hostel, Jarhabhata, Bilaspur.