Umesh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2909 of 2017 Umesh Kumar Sahu S/o Bhaiya Lal Sahu Aged About 33 Years Assistant Teacher Panchayat, Govt. Primary School, Puraina, Tahsil Chhuikhadhan, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through the Secretary, School Education Department, Mahanadi Bhawan, Mantralay New Raipur, District Raipur, Chhattisgarh.

2. District Education Officer, Rajnandgaon, Chhattisgarh. ---- Respondents For Petitioner :

Shri Vinod Kumar Sharma, Advocate.

For Respondent/State :

Shri Maneesh Nigam, Panel Lawyer.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 07/07/2017

1. The challenge in the present writ petition is the order dated 17.05.2017 whereby the petitioner has been transferred from Primary School, Puraina to Dalli Parsahi.

2. A bare perusal of the impugned order itself reflects that the transfer of the petitioner has been made within the same Block.

3. At this juncture, counsel for the petitioner submits that the distance between the two places is about 70 Km. which would cause a great inconvenience to the petitioner in discharging his duty as well as in taking care of his family.

4. It is settled position of law so far as transfer and posting are concerned. It is exclusively prerogative of the employer who has the right to decide the place of posting of an employee. The scope of judicial review by the High Court in exercise of its writ jurisdiction in such circumstances is very minimal. Accordingly, this Court does not find any strong case for interfering with the impugned order. The

petition thus fails. As a consequence it stands rejected.

5. However, it would be left open for the petitioner to approach the concerned respondent by moving an appropriate representation for redressal of his grievances in accordance with the policy of the State Govt.

6. With the aforesaid observation, the present writ petition stands dismissed.

Sd/ (P. Sam Koshy) Judge inder