Sharad Kumar Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1812 of 2017 • Sharad Kumar Das S/o Narsingh Das, Aged About 51 Years Working As Headmaster, Primary School, Balatoli, (Now Attached In Govt. Primary School, Chitquine) Block Kunkuri, District Jashpur (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, New Raipur, P. S. Rakhi, District Raipur (Chhattisgarh)

2. The District Education Officer, Jashpur, District Jashpur (Chhattisgarh)

3. The Collector-Cum- District Mission Director Rajeev Gandhi Shiksha Mission, District Jashpur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Harish Khuntiya, Advocate For Respondents-State :

Shri Satish Gupta, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/04/2017

1. Petitioner is aggrieved by the order dated 08.03.2016, by which he has been posted on rationalization of schools from Primary School, Balatoli, Block Kunkuni to Primary School, Hathibed, Block Farsabahar, within the district.

2. The impugned order has been passed more than 13 months back. If the petitioner has not been relieved despite the order and can survive in the department, the petition suffers from delay and laches, inasmuch as, an individual cannot be allowed to sleep over his right to challenge the order only when it starts pinching him and moves the writ Court belatedly knowing

fully well that an adverse order against him is existing, which may be worked upon against him at any point of time. A transfer order has to be assailed at the earliest and more so when the order is a result of rationalization of schools, which itself is an administrative exercise calling for rearrangement of staff including the teaching staff of rationalized schools.

3. The petition not only suffers from delay and laches but the order being purely administrative, it deserves to be and his hereby dismissed. Sd/- Judge Prashant Kumar Mishra Ashu