Facts
The Petitioner, a Data Entry Operator (Class-III employee), was posted at the Tahsil Office, Sheorinarayan. He previously performed the duties of an Assistant Reader to the Tahsildar.
Source reference: para. 2Upon the transfer of the then Tahsildar (Respondent No. 5) on 25.02.2026, a new work distribution order was issued wherein the work of "Reader" was assigned to Respondent No. 6, who is a Process Server (Class-IV employee).
Source reference: para. 2The Petitioner challenged this order, contending that a Reader’s position involves communicating directions to Class-III staff, creating a procedural anomaly where Class-III employees would have to comply with the directions of a Class-IV employee.
Source reference: para. 2The Petitioner filed a representation before the Collector (Respondent No. 2) on 13.04.2026, which remained pending.
Source reference: para. 2Issues
1. Whether the assignment of the duties of a "Reader" to a Class-IV employee, in the presence of available Class-III employees, is legally sustainable.
Source reference: para. 52. Whether the Court should direct the Respondent authorities to decide on the Petitioner's pending representation regarding the work allotment.
Source reference: para. 6Law Applied
The court emphasized the administrative principle that certain sensitive hierarchical positions, such as a "Reader" to a Tahsildar, require a minimum clerical or technical grade. Specifically, the court noted that for such "important work," an employee should hold at least a minimum Class-III post.
Source reference: para. 5The court also applied the principle of administrative fairness, requiring authorities to consider the availability of higher-graded staff (such as Assistant Grade-III or Data Entry Operators) before assigning duties to lower-graded (Class-IV) staff.
Source reference: para. 5Reasoning
The Court observed that it was undisputed that Respondent No. 6 is a Class-IV employee.
Source reference: para. 5It highlighted that the role of a Reader to a Tahsildar is of significant importance and necessitates the appointment of an official holding a Class-III post at minimum.
Source reference: para. 5Upon perusal of the work distribution memo, the Court found that there were at least two Assistant Grade-III employees and the Petitioner (Data Entry Operator) available in the office.
Source reference: para. 5The Court reasoned that if the Petitioner could not be assigned the role due to other duties, the authorities should have directed one of the other AG-III employees to perform the task rather than delegating it to a Class-IV Process Server.
Source reference: para. 5Holding
The Court did not quash the impugned order outright but found merit in the Petitioner’s grievance.
The Court disposed of the writ petition by directing Respondent No. 2 (Collector, Janjgir Champa) to consider and decide the Petitioner’s representation dated 13.04.2026 in accordance with the law.
Source reference: para. 6The Court ordered that a decision be passed expeditiously, preferably within ten days from the date of receipt of the order.
Source reference: para. 6Original Court PDF
LATIF KUMAR NIRALAvsSTATE OF CHHATTISGARH
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