Satish Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3893 of 2017 Satish Shukla S/o Late R. M. Shukla, Aged About 53 Years Occupation Lecturer English Kanya Siksha Parisar Ambikapur Surguja Chhattisarh, R/o Mayapur Ambikapur District Surguja Chhattisgarh. ---- Petitioner

Versus

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

2. The Director, Directorate Of Public Instruction, Indrawati Bhawan, New Raipur District Raipur Chhattisgarh.

3. District Education Officer, Surguja, Ambikapur District Surguja Chhattisgarh.

4. District Education Officer, Narayanpur, District Narayanpur Chhattisgarh. ....Respondents For Petitioner :

Mr. N.K. Sinha, Advocate For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2017 Heard.

1. The only issue arising for consideration in this petition is whether the petitioner could be posted against the post other than the post on which he was working at the time of issuance of order of suspension.

2. The issue in this regard is no longer res integra and settled in number of decision one of such order has been placed on record by learned counsel for the petitioner passed on 07.07.2015 in WPS No.217 of 2015 (Prakash Narayan Tiwari Vs. State of Chhattisgarh and others).

3. Learned State counsel could not dispute the legal position adumbrated in the aforesaid decision. Therefore, in this petition also, the same orders are required to be passed. The impugned order which relates to posting after suspension is quashed. However, the respondents would be at liberty to pass fresh order with regard to petitioner's posting depending upon the exigency.

4. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha