Loknath Bandhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4163 of 2017 • Loknath Bandhe S/o Late Heera Bandhe, Aged About 50 Years Principal, Govt. Higher Secondary School Jhal, Block Navagarh, District Bemetara Chhattisgarh ---- Petitioner

Versus

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

2. Under Secretary, State Of Chhattisgarh School Education Department Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh

3. Director, Public Education Directorate, Chhattisgarh, Indrawati Bhawan, New Raipur, District Raipur Chhattisgarh

4. District Education Officer, Bemetara District Bemetara Chhattisgarh ---- Respondents For Petitioner :

Smt. Hamida Siddiqui, Advocate For Respondent/State :

Shri Satish Gupta, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/08/2017 Heard.

2.

Transfer order is under challenge on the ground that the petitioner had completed one year at the present place of posting as also on the ground that the petitioner's wife is posted as Panchayat Teacher at the same station where he is posted.

3.

The transfer policy of the government to keep husband and wife at the same place or nearby place would be subject to administrative exigency, which requires consideration by the competent authority. However, as there is a transfer policy existing, it would be open for the petitioner to prefer representation. 4.

If the petitioner submits representation along with a copy of this order within a

period of 10 days from today before the respondent authority, the same shall be considered and decided within a period of four weeks from the date of receipt of a copy of this order.

5.

Accordingly, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane