Satish Kumar Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2851 of 2016 Satish Kumar Pandey S/o Shri C.K. Pandey, Aged About 45 Years R/o Old Sarkanda, Bilaspur, Working As Lecturer (Panchayat) (Maths) Govt. Higher Secondary School, Deorikhurd, Bilaspur P/s Sarkanda, Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Department Of Panchayat And Rural Development Mahanadi Bhawan, New Raipur Chhattisgarh

2. The Jila Panchayat Bilaspur, Through Its Chief Executive Officer, Jila Panchayat Bilaspur Chhattisgarh ---- Respondent For petitioner - Shri Praveen Das, Advocate. For Respondent/State - Ms. Akansha Jain, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 10/07/2020 Heard.

1.

The petitioner was transferred from Government Higher Secondary School, Pasid, Block Bilha to Government Higher Secondary School, Deorikhurd, Block Bilha pursuant to order dated 30/05/2016. Pursuant thereto he joined his transferred place of posting. Thereafter, after more than one month said transfer order was cancelled on 5/07/2016. This court by order dated 14/07/2016 has stayed the order of cancellation of transfer dated 5/07/2016.

2.

It is settled proposition that once transfer has been made and it has been executed, it cannot be subsequently cancelled and with the passage of time, since order of cancellation of transfer dated 5/07/2016 was stayed by this court, I am inclined to quash order dated 5/07/2016 (Annexure P-1).

3.

Accordingly, order dated 5/07/2016 (Annexure P-1) is quashed and the petition is allowed. State shall be at liberty to pass further order according to the existing exigency.

Sd/- (Goutam Bhaduri) JUDGE gouri