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High Court Of ChhattisgarhWPS/4277/2017dismissed

Ram Kumar Sahu v. State Of Chhattisgarh

2017-09-06Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4277 of 2017 Ram Kumar Sahu S/o Shri Hemcharan, Aged About 52 Years Working As Lecturer, At Govt. Higher Secondary School Sutiurkuli, Block Bilaigarh, District Baloda Bazar Bhatapara, Chhattisgarh.

---- Petitioner

Versus

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

2. District Education Officer, Baloda Bazar Bhatapara, Chhattisgarh. ---- Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/09/2017 Heard.

1.

The transfer order is under challenge on the two grounds. Firstly, that the petitioner has been subjected to frequent transfer on the ground that the petitioner was working on deputation under the Rajiv Gandhi Shiksha Mishan and then upon promotion, he was posted in the school at Sutiurkuli and then within a short period of less than two months, he is again being transferred. The other ground is that the petitioner has been transferred at the option of the District Education Officer, Balodabazar which shows that there is no

administrative exigency of service.

2.

From the narration of the fact given in this petition and various posting orders, it is found that the petitioner has remained posted at one station Sutiurkuli though in different offices since more than two years. The petitioner is being transferred within the same district and not outside the district. The transfer order appears to have been passed because the petitioner has spent more than two years of posting in the same station. Therefore, administrative exigency is apparent. Therefore, no case is made out for interference by the Court. However, if on any other ground, the petitioner intends to prefer representation before the competent authority, it will be open for him to do so. 3.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava ) Judge Rekha