Yogeshwar Prasad Patanwar v. State Of Chhattisgarh And ORS.

(9

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

BILAsPUR WRIT PETITION IS) No éé'

/2014 PETITIONER Yogeshwar Prasad Patanwar S / o Shri Hargovind Patanwar aged about years, Upper Division g I?

Teacher at '"1 Govt. Boys Middle Wsh"

'nigil'w/w /QQ0, 'RNo'm'.....

School Mopka, presently '

|y Dated % £7! 7'L/ working at Govt.

Middle Presemed I V School, Birkona Block Bilha District Bilaspur (C.G.)

VERSUS

l RESPONDENTS:

l.

State of Chhattisgarh ,'

Through Secretary, School I} Education Department Mahanadi Bhawan, Raipur, (C.G.) 2.

Chief:

Executive Officer, District Panchayat Bilaspur District-Bilaspur (C,G.) District Education officer District-Bilaspur (C.G.) WRIT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1.

PARTICULARS OF THE PETITIONER: (S) As per cause title.

2.

PARTICULARS OF THE RESPONDENN'I'S:

As per cause title.

4am

l @ W"'§L1 201'( mmw%éim %mi?mméai S B HON BLE SHRI JUSTICE PF'ITINKER DIWAKE 19 12 2014 R for the petitioner:

Shn Ashwml Shukla couns Shrl Majld All PL for the St 'te.

The petitioner who Is Workng as' Upper Division Teacher iSr aggrieved by his transfer order dated 23.07.14 transferring the petitioner'from Govt.

Boys Middl e School Mopka to Govt.

Middle School Birkona.

'

Counsel for the petitioner 5L bmits that the petitioner has been asked to'teach mathematics subject whereas as per the recruitment 'rules a panchayat teacher who is gan arts graduate cannot be asked to teach mathematics subject.

He submits that purpose of filling this petition would be served ifvhe m1 _ay be permitted.

to withdraw this '

petition with liberty to file rep'res :ntation before the Collector and direction may be issued to the 3olleotgrrto decide the same as'

expeditiously as possible. He fairly submits that as the petitioner has already been relieved pursuant to impugned order dated 23 7 2014 he may not be entitled for any t erim relief but direction can be "'l M l Issued for dectdmg his representa ion expeditiously _,__v State counsel submits th t the panchayat teacher is only '

required to teach the students fro A» V'" to Vlll'" and they teach all the subjects irrespective of their sub] ct qualification in the graduation lt has been further argued that ift e Rules does not permit the said transfer, the competent author wrll take appropriate steps to i

r x '

,mmwEHwm avaimanésr mwm >mwgggm r considerthe representatiori. of the petitioner. He subrnits that he has no objection if the petitioner makes any such representation to the Cohectof and the same is decided in aCpordance with law. The petitioner is' permitted to' withdraw thie petition with the filing any representation by the '

aforesaid liberty In the eventuality o petitioner before the Collector Wit in a period of one week the h Coliector shaii deside the said repre entation Within a period of three ion While weeks from the date of receipt of the said representat I making the representation the petit oner may also submit the xerox '

upon by him in the present d _ petition While deCiding the represe tation it is expected from the Collector to go through the Rules a '

to ensure that the career of the '

students may' not be affected adv ely by oompellingthe studentsi e s of the to get education from those teac ers who are not aware No observation on the merit of the case has been made by his Court and the competent aut ority shall be at liberty to act in t raccordnc With law.

ae SdlPritinker Diwaker Judge