Rambilas Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3165 of 2015 • Rambilas Singh S/o Shri Mahipal Singh, Aged About 35 Years Lecturer Hindi, Government Higher Secondary School Morga, Block Pondi Uproda, District Korba, (Chhattisgarh) ---- Petitioner
Versus
1. State of Chhattisgarh Through: The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Raipur, (Chhattisgarh)
2. Collector, District Korba, (Chhattisgarh)
3. District Education Officer, Korba, District Korba, (Chhattisgarh)
4. Chief Executive Officer, Zila Panchayat, Korba, District Korba, (Chhattisgarh) ---- Respondents For Petitioner :
Shri Basant Kaiwartya, Advocate For Respondents-State :
Shri S. Majid Ali, PL for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 28/08/2015
1. Petitioner is aggrieved by the impugned order of posting whereby he has been shifted from Government Higher Secondary School, Morga, Block Pondi Uproda, District Korba to Government Higher Secondary School, Simga, in the same block.
2. Learned counsel for the petitioner would submit that the impugned order is a transfer order, for which the District Education Officer has no power or authority in view of the State Government's circular dated 01.07.2015 which only authorizes the Collector to issue transfer order.
3. Learned State counsel would submit that the impugned order has been duly approved by the district Collector and moreover it is only a posting order and not a transfer order.
4. It appears, even if the impugned order is treated as transfer order, the same has been approved by the Collector, therefore, the order is not without jurisdiction or authority.
5. If the petitioner has any personal difficulty to carry out the order, he may represent the matter before the Divisional Commissioner within a period of 15 days. In such eventuality, the Divisional Commissioner is expected to decide the representation at the earliest, preferably within a period of one month from the date of submission of representation.
6. Accordingly, the writ petition is disposed of. Sd/- Judge Prashant Kumar Mishra ashu