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High Court Of ChhattisgarhWPS/1966/2019dismissed

Paras Ram Sahu v. State Of Chhattisgarh

2019-03-19Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1966 of 2019 Paras Ram Sahu S/o Late Ramdin Sahu, Aged About 61 Years, Presently Working On The Post Of Block Education Officer, Premnagar, District Surajpur, Chhattisgarh.

---Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atalnagar, Raipur, Chhattisgarh.

2. Collector/District Election Officer, Surajpur, District Surajpur, Chhattisgarh.

3. District Education Officer, Surajpur, District Surajpur, Chhattisgarh.

4. Alok Kumar Singh, Assistant Block Education Officer, Odagi, District Surajpur, Chhattisgarh.

5. Sobhnath Singh Lecturer/Incharge B.E.O. Sonhat, District Koriya, Chhattisgarh.

6. J. P. Sai, Block Education Officer, Odagi, District Surajpur, Chhattisgarh.

---Respondents For petitioner :

Shri A.N.Pandey, Advocate.

For State :

Ms. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/03/2019 1.

The challenge in the instant Writ Petition is to the orders Annexures - P/1 & P/4 dated 26/02/2018 & 04/10/2018 respectively. The petitioner has also challenged Annexure-P/2 dated 26/02/2019 whereby the respondent No.4 has been brought in place of the petitioner as the incharge Block Education Officer, Premnagar.

2.

At the outset, this Court does not find the case to be worth entertaining for the reason that, the petitioner on an earlier occasion had challenged the original transfer order dated 04/10/2018 vide WPS No. 7115/2018. This Court had without granting any interim protection in the said Writ Petition had disposed it off directing the petitioner to prefer a representation before the authorities concerned for ventilating his grievance. The disposal of the said Writ Petition itself would make it evidently clear that this Court was not inclined to grant any interim protection to the petitioner as this Court did not find any merits.

3.

Subsequently, now Annexures-P/1 & P/2 have been passed by the District Education Officer relieving the petitioner from the post of Block Education Officer, Premnagar and directing him to join under the office of the District Education Officer, Surajpur.

4.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that, the subsequent order dated 26/02/2019 is a consequential order to the original order of transfer dated 04/10/2018 in respect of the petitioner.

5.

Moreover, on a query being put to the counsel for the petitioner he fairly concedes that, the petitioner is posted as Block Education Officer, Premnagar since 2016 which also would show that, he has by now completed his usual tenure.

6.

So far as the appointment of the petitioner as a Master Trainer in the Election Programme is concerned, considering the place of posting of the

petitioner and both the place of postings being within the Surajpur District, this Court does not find any strong case on this ground. 7.

The Writ Petition thus being devoid of merits deserve to be and is accordingly dismissed.

Sd/- (P. Sam Koshy) Sumit JUDGE