Devi Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3271 of 2016

1. Devi Singh Thakur S/o Late Balram Singh Thakur, Aged About 58 Years R/o Santoshi Chowk, Kushalpur, Raipur, District Raipur Chhattisarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisarh

2. The Upper Secretary, School Education Department Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur Chahttisgarh

3. District Education Officer, Raipur, District Raipur Chhattisgarh ---- Respondent For Petitioner None For Respondent/State Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/05/2017 1.

Perused.

2.

By the impugned order the petitioner has been transferred from Government High School, Kachana to Government High School, Labhandi, Raipur on 24-6-2016.

3.

Learned State counsel would produce before this Court a communication issued from the office of the District Education

Officer, Raipur, to the effect that the post of Lecturer (Nagariya Nikay) is presently occupied by one Shri Vishwaranjan Mishra, therefore, there is no vacancy in the cadre of Lecturer (Nagariya Nikay) at Government High School, Labhandi, Raipur. 4.

In view of the above, it is directed that respondents shall not insist upon implementation of the impugned order, however, they would be at liberty to pass fresh order in accordance with law on the basis of obtaining administrative exigency. 5.

With the aforesaid observations, the writ petition stands disposed of.

Sd/- Judge Prashant Kumar Mishra Gowri