Radheshyam Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4442 of 2017 Radheshyam Sahu S/o Late Shri Basant Ram Sahu Aged About 57 Years Posted As Head Master, Government Middle School, Block Ramanujnagar, DistrictSurajpur, Chhattisgarh ---- Petitioner

Versus

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

2. Director, Directorate Of Education, Indrawati Bhawan, Naya Raipur, Raipur, Chhattisgarh

3. Jaglal Sonwani, Head Master, Government Middle School, Binjhiyapara Tejpur Block Ramanujnagar, District Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Shri Anup Majumdar, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/09/2017 Heard.

1. Learned counsel for the petitioner submits that under even number, two orders of transfer have been issued on 14.8.2017. In one order, the petitioner is shown to have been transferred on the basis of mutual consent with respondent No.3 whereas in other order, the petitioner has been shown to be transferred on administrative exigency.

2. There appears to be some discrepancy in the matter because it is submitted that the petitioner had not submitted any application for mutual transfer. Therefore, the transfer has to be treated as administrative in the nature. The petitioner has remained posted at this place since 2013.

3. Therefore, the petitioner shall be allowed to proceed on transfer by treating it only administrative order and not mutual consent transfer as no prayer for

-2mutual transfer has been made by the petitioner at any point of time.

4. The petition is accordingly disposed off.

Sd/-/ (Manindra Mohan Shrivastava) Judge Praveen