Smt. Vijaya Ogar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4500 of 2016 • Smt. Vijaya Ogar S/o Shri Naval Chand Ogar, Aged About 30 Years Occupation Assistant Teacher, Panchayat Primary School, Jaamguda Sankul Sargipal, Block Jagdalpur, P.S. Jagdalpur, Distt. Bastar, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, P.S. Abhanpur, District Raipur, (Chhattisgarh)

2. Collector, Bastar, OfÏce Of Collector, District Bastar, (Chhattisgarh)

3. Chief Executive OfÏcer, Jila Panchayat Sukma, OfÏce Of Chief Executive OfÏcer, Jila Panchayat, Sukma, P.S. Sukma, District Sukma, (Chhattisgarh)

4. Chief Executive OfÏcer, Jila Panchayat, Bastar OfÏce Of Chief Executive OfÏcer Jila Panchayat, Bastar, P.S. Bastar, District Bastar, (Chhattisgarh) ---- Respondent For Petitioner Ms. Deepali Pandey, Advocate For Respondent /State Ms. Tripti Rao, Panel Lawyer For Respondent No.3 Mr. Manish Nigam, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 8/5/2017

1. Heard.

2. The petitioner is aggrieved by the order dated 19.08.2016Annexure P/2, whereby, the petitioner's transfer as Assistant

Teacher (Panchayat) from Primary School, Gongla, District Sukma to District Bastar made on 26.7.2016 has been cancelled consequent upon the State Government's order dated 30.06.2016- Annexure P/1.

3. It is argued that the petitioner having already complied the transfer order, executed order cannot be cancelled.

4. However, the present is a case, wherein, a coordinate Bench of this Court vide common order dated 23.12.2006 passed in WPS 1273 of 2016 and other connected petitions, has held that interdistrict transfer of an Assistant Teacher (Panchayat) is illegal and without jurisdiction. The said order has not been challenged further by any of the parties concerned in writ appeal, therefore, it has attained finality.

5. The impugned orders are in a way giving effect to the writ issued by this Court, therefore, any order quashing the present impugned orders would be contrary to the writ issued by the Court, which is not permissible in law.

6. Therefore, the principle that an executed transfer order cannot be cancelled has no application in the facts and circumstances of the present case.

7.

Since admittedly the petitioner, who is an Assistant Teacher (Panchayat), was transferred from one district to another district, the present case is covered by the law laid down by this Court in the matter of Geeta Sukhdeve Vs. State of Chhattisgarh and others (WPS 1273 of 2016 and other

connected petitions, decided vide common order dated 23.12.2006).

8. Therefore, the writ petition has no substance. It deserves to be and is hereby dismissed. Sd/- Judge (Prashant Kumar Mishra) Shyna