High Court Of ChhattisgarhWPS/1635/2019disposed off

Rajendra Jha v. State Of Chhattisgarh

2019-03-08Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1635 of 2019 Rajendra Jha S/o Late Narayan Jha Aged About 57 Years R/o Dharampura, No. 1, Jagdalpur, District- Bastar, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District- Raipur, Chhattisgarh.

2. Director Public Instructions, Directorate, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

3. District Education Officer Dantewada, District- Dantewada, Chhattisgarh.

4. Jai Kumar Prasad Principal (Diet), Dantewada, District- Dantewada, Chhattisgarh.

---Respondents For Petitioner :

Mr. Manoj Paranjpe, Advocate For State :

Mr. Sameer Behar, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 08/03/2019

1. The challenge to the impugned order is primarily on the ground that the petitioner had been recently sent at the present place of posting vide Annexure P/2 dated 30.08.2018 and within a short span of time, the petitioner has now been shifted again to a place, where the petitioner has already worked in the past for a considerable period of time.

2. The challenge is also on the ground that the petitioner having worked in the schedule area ought to have been considered for being posted in a non-schedule area as per the transfer policy of the State Government, but in total contravention to the policy of the

-2State Government, the petitioner has been again shifted, in addition to the ground of being frequently transferred, but also from one schedule area to another schedule area.

3. Given the aforesaid factual matrix of the case, let the petitioner make a detailed representation to the respondent No.1 within a period of 10 days from today and the respondent No.1 in turn shall decide the same within a further period of 30 days from the date of receipt of the representation, so made by the petitioner.

4. Till the representation is decided, there shall be a stay of the effect and operation of the impugned order Annexure P/1 dated 26.02.2019, so far as the transfer of the petitioner is concerned.

5. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved