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High Court Of ChhattisgarhWPS/5350/2008dismissed

Smt. V. Walter v. State Of Chhattisgarh And Others

2018-11-19Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5350 of 2008 Smt. V. Walter W/o. Shri H. Walter, Aged about 58 years, Assistant Teacher, Church of Christ Primary School, Kududand, Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, D.K.S. Bhawan, Mantralaya, Raipur, District Raipur, Chhattisgarh.

2. District Education Officer, Bilaspur, Chhattisgarh

3. Church of Christ Mission in India, Education Department, (Schools Established & Administered by a Minority Community), Kududand, District Bilaspur, Chhattisgarh through: its Mission Secretary.

4. Church of Christ Primary School, Kududand, District Bilaspur, Through its Head Master.

---Respondents For Petitioner :

Mr. Soumya Rai, Advocate For State :

Mr. Dheeraj Wankhede, Govt. Advocate For respective respondents :

Mr. Gagan Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 19/11/2018

1. The challenge in the present writ petition was the order of transfer that was passed as early as on 19.08.2008.

2. Perusal of the record appears that the petitioner's services subsequently have been terminated. Even otherwise, the petitioner as on date has crossed the age of superannuation. Moreover, the petitioner did not have an interim protection against the operation of the transfer order dated 19.08.2008.

3. Under the said circumstances, the present writ petition challenging the order of transfer becomes infructuous by efflux of time and the writ petition accordingly stands dismissed as having become

-2infructuous. However, the records of the writ petition shall be kept along with the records of the WPS No. 7039/2009, which is a petition preferred by the petitioner challenging the subsequent termination from service.

Sd/- (P. Sam Koshy) Judge Ved