High Court Of ChhattisgarhWPS/1381/2016disposed off

Madhusudan Yadav v. State Of Chhattisgarh

2019-04-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1381 of 2016 Madhusudan Yadav S/o Shri Shiv Jatan Singh, Aged About 47 Years, Presently Posted As Assistant Teacher Panchayat At Government Primary School, Shivpuri, Raigarh, R/o Chiraipani, Post Gerwani, Tahsil Raigarh, Police Station Punjipathra, District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. The Chief Executive Officer, Zila Panchayt, Raigarh, District Raigarh Chhattisgarh

3. The Chief Executive Officer, Janpad Panchayat, Raigarh, District Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Ishan Verma, Advocate.

For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.04.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 18.04.2016 whereby the petitioner stood transferred from Primary School, Shivpuri, Janpad Panchayat Raigarh to District Kabirdham.

2. Counsel appearing for both the parties submit that the issue involved in the present writ petition is no longer res integra as there were a large number of writ petitions of similar nature, the leading of which being WPS No. 1273 of 2016, which were allowed by this Court vide order dated 23.12.2016. Counsel appearing for both the parties also submit that pursuant to the judgment passed by this Court in the aforesaid bunch of writ petitions decided on 23.12.2016, the order of transfer of the present petitioner also stood recalled and the petitioner stood transferred back to her original place of posting i.e. at Primary School, Shivpuri, Janpad Panchayat Raigarh and as such the grievance of the petitioner as regards the challenge to the impugned order of transfer has become infructuous.

3. Given the said submission, the writ petition stands disposed of as having become infructuous. However, disposal of the present writ petition would not come in the way of the petitioner for claiming any of the benefits that the petitioner is entitled for the intervening period during which the petitioner was not paid salary and other benefits while the said illegal order of transfer was in force. Sd/- P. Sam Koshy Judge Khatai