Ravindra Kumar Shrivastava v. State Of Chhattisgarh And ORS.

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IN THE HON'BLE HIGH COURT OF CHHTTISGARH

AT BILASPUR WRIT PETITION ISl N0.

Q,^P /2015 Ravindra Kucaar Shrivastava, S/o Late Radhe Lal Shrivastava, aged about 48 years, Assistant Grade-II, Government College Lormi, District Mungeli;

Address C/o Ramen Tiles, Ward No.8, near Cannel, PS Lormi, District Mungeli (C.G.) PETITIONER:

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VERSUS

State of Chhattisgarh through the Secretary, Department of Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) / The Deputy Secretary, State of Chhattisgarh Department cf Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) RESPONDENTS.l) fe 2) Committee of Senior Secretaries, through its Coordinator-cumSecretary, General Administrative Department State of Chhattisgarh Mantralaya, Naya Raipur, District Raipur (C.G.) 3) f'

The Principal, Rajiv Gandhi Government Art & Commerce C •.•.';i'.ege Lormi, District MungcU (C.G.) 4) PETITION UNDER ARTICLE 226 0F CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS h^

HIGH COURT OFCHHAmSGARH AT BILASPUR (Single Bench: Hon'ble Shri Justice P. Sam Koshy) Writ Petition (St No. 320 of 2015 Petitioner Ravindra Kumar Shrivastava

VERSUS

Respondents State of Chhattisgarh and others

Present:

Shri Mateen Siddiqui, counsel for the petitioner. Shri Shashank Thakur, G.A. for the State.

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(30.01.2015) The petitioner through this petition has challenged the order dated 01.01.2015 Annexure P-1 wherein the representation of the petitioner aggdnst an order of transfer dated 10.07.2014 has been rejected.

Grievance of the petitioner is that on 10.07.2014 he was transferred from Govemment College, Lormi, Dista-ict Mungeli to Govemment College, Jaijaipur, District Janjgir-Champa. The petitioner has already challenged the said order dated 10.07.2014 vide W.P.(S) No. 3431 of 2014 wherein the only relief that the petitioner got was to make a representation to the Govemment which in turn shaU. decide the same in accordance with law.

At this juncture it is trite to mention paragraph-5 of the judgment dated 23.07.2014 passed in W.P.(S) No. 3431 of 2014 which for ready reference is reproduced hereunder: "The writ petition being devoid of any merit deserves to be and is hereby dismissed."

In the light of the said observation, this Court is not inclined to further enter into the merits of the case as it already stands decidedvide earlier order dated 23.07.2014. It is settled position of law that in a case of transfer it is the prerogative of the Government to decide the transfer of the employee, where

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the consent and convenience ofthe employee is not taken into consideration.

Thus, there does not appear any further ground for interference with the impugned order. In the light of the aforesaid order dated 23.07.2014, this Court is ofthe opinion that the instant petition being devoid of merits, the same deserves to be and is accordingly rejected. Sd/- P. Sam Koshy Judge &-