Rajeshwar Singh Rathiya v. State Of Chhattisgarh
-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3595 of 2016 Girdhar Prasad Sarthi S/o Ramadhar Sarthi Aged About 39 Years R/o Village & Post Thuskela Tah Kharisiya District Raigarh (Chhattisgarh)
Versus
1. State Of Chhattisgarh Through, The Secretary, Department Of Panchayat And Social Welfare, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur
2. Chief Executive Officer, Jila Panchayat, Raigarh, District- Raigarh
3. Chief Executive Officer, Janpad Panchayat, Kharsiya, District Raigarh And WPS No. 3596 Of 2016 Shanti Prasad Sahu S/o Shri Gorelal Sahu Aged About 33 Years R/o Village & Post Bade Deogaon District Raigarh (Chhattisgarh) Vs
1. State Of Chhattisgarh Through, The Secretary, Department Of Panchayat And Social Welfare, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur (Chhattisgarh).
2. Chief Executive Officer, Jila Panchayat, Raigarh, District- Raigarh
3. Chief Executive Officer, Janpad Panchayat, Kharsiya, District Raigarh And
-2WPS No. 3487 Of 2016 B.R.Rathiya S/o Sukhdev Singh, Aged About 38 Years R/o Village Tarekela Tah Dharamjaigarh, District Raigarh Chhattisgarh Vs
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Social Welfare, Mahandi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh
2. Chief Executive Officer, Jila Panchayat, Raigarh, District Raigarh Chhattisgarh
3. Chief Executive Officer, Janpad Panchayat Kharsiya, District Raigarh Chhattisgarh And WPS No. 5180 Of 2016 Rajeshwar Singh Rathiya S/o Shri Natawar Rathiya, Aged About 31 Years Working As Assistant Teacher ( Panchayat) Govt. Primary School Binzkot, Block & Tahsil Kharsiya, Distt. Raigarh, (Chhattisgarh) Vs
1. State Of Chhattisgarh Through Secretary, Panchayat & Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)
2. Collector, Raigarh, Distt. Raigarh, (Chhattisgarh)
3. Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh (Chhattisgarh)
4. Chief Executive Officer, Zila Panchayat, Kabirdham, District Kabirdham,
5. Chief Executive Officer, Janpad Panchayat, Kharsiya, District Raigarh, And
-3WPS No. 5145 of 2016 Khobnath Yadav S/o Shri Bhuwan Lal Yadav, Aged About 32 Years Working As Assistant Teacher (Panchayat) At Govt. High School Chhotepandarmunda, Block Kharsiya Dist. Raigarh (Chhattisgarh)
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
5. Chief Executive Officer, Janpad Panchayat, Kharsiya, District Raigarh
6. Principal, Govt. High School Chhotepandarmunda, Block Kharsiya, District Raigarh (Chhattisgarh) For respective Petitioners : Shri Ajay Shrivastava and Shri R.S. Patel, Advocates For Respondent/State :
Shri D.R. Minj, Dy. Govt. Advocate S.B.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/01/2017 Heard.
1. These petitions have been filed by the petitioners, the Assistant Teachers, assailing legality and validity of the transfers made by one Jila Panchayat to another Jila Panchayat.
2. This Court, in the case of Smt. Geeta Sukhdeve Vs. State of Chhattisgarh 1 and other connected matters, has allowed the writ petitions by holding the WPS No. 1273 of 2016 and batch of petitions decided on 23.12.2016
-4impugned transfer orders as illegal on the ground of lack of jurisdiction and competence.
3. Accordingly, these petitions are also allowed in the same terms as observed and ordered by this Court in the case of Smt. Geeta Sukhdeve (supra) and batch of petitions. The transfer orders in relation to the petitioners are declared illegal.
Sd/-- (Manindra Mohan Shrivastava) Judge Praveen