N.R.Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3886 of 2017 N.R.Kurre S/o Late Kartik Ram Kurre, Aged About 56 Years Working As Principal, Government Boys Higher Secondary School, Chhuikhadan, District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, New Mantralay, New Raipur, Chhattisgarh

2. The Under Secretary, Department Of School, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. Director Public Instructions, Directorate Of Education Indrawati Bhawan, Naya Raipur, Chhattisgarh

4. District Education Officer, Rajnandgaon, District- Rajnandgaon, Chhattisgarh

5. A.K.Sahare, Block Education Officer, Shaspur, Lohari District Kabirdham, Chhattisgarh ---- Respondents For Petitioner :

Shri Sushil Dubey, Advocate For State :

Shri Avinash Singh, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/08/2017 Heard.

1.

This is another round of litigation at the instance of the petitioner in the matter of posting. Vide impugned order, the petitioner has been attached in the office of District Education Officer.

2.

Placing before the Court orders passed in earlier round of the litigation, learned counsel for the petitioner argued that in view of the direction which were issued earlier by this Court, when an occasion arose for passing an appropriate order, the respondent authority instead of giving a place of posting to the petitioner, have attached the petitioner which is not permissible in view of Government's Policy dated 04.06.2001.

3.

Learned State counsel submits that in the background of dispute between the petitioner and another employee, working in the same institution, the State, in compliance of the direction issued earlier, is contemplating to pass appropriate order of posting of the petitioner and taking into consideration that if the petitioner is allowed to continue in the same institution, other complication may arise, only as a temporary measure, the petitioner has been attached.

4.

Be that as it may, if the attachment is not permissible, the petitioner ought to be given a place of posting in place of attachment. Therefore, the impugned order to the extent it attaches the petitioner is held illegal. Let appropriate order of posting be issued at the earliest.

5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha