Chumman Lal Pisda v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2412 of 2018 • Chumman Lal Pisda S/o Shri Gangaram Pisda, Aged About 31 Years Posted As Assistant Teacher (Panchayat), Government Primary School, Bortara, Block Nawagarh, District Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.)

2. The Chief Executive Officer, Zila Panchayat, Bemetara, District Bemetara, Chhattisgarh

3. The Chief Executive Officer, Janpad Panchayat Nawagarh, District Bemetara, Chhattisgarh

4. The Block Education Officer, Nawagarh, District Bemetara, Chhattisgarh

5. The Chief Executive Officer, Zila Panchayat Rajnandgaon, Chhattisgarh. ---- Respondents For Petitioner :

Shri Anup Mazumdar, Advocate For State :

Shri Dheeraj Wankhede, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 20.03.2018 1.

The grievance of the Petitioner in the instant writ petition is that the Respondent No.5 had, vide Annexure P-2 dated 30.05.2016, issued a list of persons who were to be transferred inter se between two District Panchayats on mutual request. The name of the Petitioner appears at Sr.No.19 in the said list, wherein the Petitioner was expected to be mutually transferred to Dongargarh and in his place, one Smt. Richa Mishra would be sent to Jila Panchayat, Bemetara.

2.

The Petitioner submits that now the other lady Smt. Richa Mishra has been relieved from Dongargarh to join at Bemetara and she has also resumed her duties at District Bemetara. However, in respect of Petitioner, there is no transfer order transferring him to Dongargarh or anywhere under Jila Panchayat, Rajnandgaon. The Petitioner in this regard has also made

repeated representation to Respondent No.2, but till date no decision has been taken in this regard.

3.

In the opinion of this Court, no fruitful purpose would be served in keeping this matter pending and therefore, the present writ petition is disposed of with a direction to Respondent No.2 to consider the representation of the Petitioner and decide the same in the light of Annexure P-2 dated 30.05.2016 passed by the office of the Jila Panchayat, Rajnandgaon. 4.

Let an appropriate decision be taken by Respondent No.2 within a period of 60 days from today. The authority concerned shall also decide the representation of the Petitioner in the light of transfer policy pertaining to the service of the Petitioner. Needless to mention that this Court has not expressed anything on the merits of the case. The authority would be free to decide the representation in accordance with policy governing the field. 5.

This writ petition is ordered accordingly.

Sd/- (P. Sam Koshy) JUDGE Chandra