Pramod Sahu v. State Of Chhattisgarh

NAFR HIGH COURT of CHHATTISGARH, BILASPUR WPS No. 500 of 2018 Pramod Sahu S/o Shri Shukhsagarlal Sahu Aged About 35 Years Occupation- Sahayak Shikshak Panchayat, Shash. Prathmik Shala Maanikpur R/o- Gram Maanikpur Tah. Bilha District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh Through Sachiv, Panchayat, Gramin Vikas Vibhag, Mantralay Naya Raipur Chhattisgarh, Chhattisgarh.

2. Sanchalak, Panchayat Sanchalnalaya, Chhattisgarh, Indravati Bhawan, Naya Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

3. Chief Executive Officer, Jila Panchayat, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh.

4. Chief Executive Officer, Janpad Panchayat Bilha, Chhattisgarh., Chhattisgarh

5. Collector, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

6. District Education Officer, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

7. Block Education Officer, Karyalaya Vikashkhand Shiksha Adhikari Bilha District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh. ---- Respondents For Petitioner :

Shri Rajendra Patel, Advocate.

For State :

Shri Prasoon Bhaduri, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 15.01.2018 1.

Challenge in this petition is to the order dated 12.12.2017 by which he has been transferred from Primary School, Manikpur to Primary School, Ghoghra.

2.

Ground raised by the petitioner is that the impugned transfer order has been passed in an illegal and arbitrary manner and the authorities without appreciating the facts and circumstances of the case in its true perspective the petitioner has been declared as surplus.

3.

Considering the facts situation of the case, it would be appropriate to allow

the petitioner to prefer a representation before the concerned competent authority raising his grievance against the impugned transfer order. 4.

Let the petitioner prefer representation within a period of 4 weeks from today and thereafter, the concerned competent authority shall consider and decide the same within the next 8 weeks, in accordance with law and on its own merits.

5.

For a period of 12 weeks or till the representation is decided, whichever is earlier, the status quo, as it exists today, in respect of the petitioner's posting, shall be maintained.

6.

The writ petition is accordingly disposed of. 7.

It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. Sd/- (P.Sam Koshy) Judge inder