J. Shankar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1732 of 2019 J. Shankar S/o Late Dr. J Shyamsundaram , Aged About 51 Years Occupation Senior Manager, Chhattisgarh Textbook Corporation , Madhyamik Shiksha Mandal Premises, Pensionbada Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Post Office Mantralaya, Police Station Rakhi, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Under Secretary , Department Of Education, Mahanadi Bhawan, Post Office Mantralaya, Police Station Rakhi, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Director, Public Instruction Department Indrawati Bhawan Atal Nagar Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. The Managing Director, Chhattisgarh Textbook Corporation, Madhyamik Shiksha Mandal Premises, Pensionbada Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Vipin Tiwari, Advocate For State :

Mr. Sameer Behar, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 12/03/2019

1. The grievance of the petitioner in the present writ petition is to the order dated 26/02/2019 whereby the petitioner who is presently on deputation as a Senior Manager at the Chhattisgarh Text book Corporation is being sent on transfer to the office of the District Jashpur under the District Education Officer.

2. The contention of the petitioner is that he has received information under Right to Information Act dated 02/03/2019 whereby the Public Information Officer of the Office of the District Education Officer District Jashpur has given information stating that the in District Jashpur post of Principal is not vacant and also the post of Assistant Director which is an equivalent to the post of Principal is also not vacant.

3. According to the petitioner if the post of Principal and the Assistant Director are not vacant in District Jashpur then the petitioner would find it difficult for giving joining on his being relieved to District Jashpur.

4. Given the said facts and circumstances of the case Particularly taking into consideration the information dated 02/03/2019 issued from the Office of the District Education Officer, District Jashpur, let petitioner make a fresh representation to the respondent No. 1 within a period of 10 days from today. On such representation being made within a period of 10 days, respondent No. 1 in turn shall consider and decide the representation of the petitioner within a further period of 30 days. It is further made clear till the representation of the petitioner is decided, keeping in view the information provided from the office of District Education Officer, District Jashpur, the effect and operation of

the order of transfer dated 26/02/2019 Annexure (P-1) so far as the petitioner is concerned shall remain stayed.

5. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit