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High Court Of ChhattisgarhWPS/2870/2016disposed off

Om Prakash Ghritlahre v. State Of Chhattisgarh

2016-07-14Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2870 of 2016 Om Prakash Ghritlahre S/o Shri Devlal Ghritlahre, Aged About 45 Years Working As Assistant Teacher ( Panchayat), At Govt. Primary School, Nansiya, Tahsil And Distt Raigarh, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat & Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)

2. The Collector, Raigarh, District Raigarh, (Chhattisgarh)

3. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh, (Chhattisgarh)

4. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham, (Chhattisgarh)

5. Chief Executive Officer, Janpad Panchayat, Raigarh, District Raigarh, (Chhattisgarh) ---- Respondents Shri R.S.Patel, counsel for the petitioner/s. Shri S.P. Kale, Dy.A.G. for the State on advance copy. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/07/2016 By impugned transfer order dated 18/04/2016, the petitioner has been transferred from Government Primary School, Nansiya, Tahsil and District - Raigarh to the jurisdiction of Jila Panchayat, Kabirdham. 2.

The ground of challenge is confined to alleged violation of the policy on the ground that the petitioner is an Office Bearer. Therefore, he ought to be exempted from transfer.

3.

Learned counsel for the petitioner submits that in identical cases i.e. WPS No.4018/2015 and WPS No.2143/2016, orders have been issued for consideration of representation.

4.

Considering the aforesaid submission and that in identical situation, similar petitions have already been disposed off by this Court, this petition is also disposed off with a direction to the petitioner to make representation within a period of 10 days from today to the concerned Collector, who shall decide the same within a period of two weeks from the date of receipt of copy of this order, in accordance with the existing circulars of the State Government. For a period of four weeks, coercive steps shall not be taken against the petitioner.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti