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High Court Of ChhattisgarhWPS/3753/2016disposed off

Smt. C. Kujur v. State Of Chhattisgarh

2016-09-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.3753 of 2016 Smt. C. Kujur W/o Shri N. Kujur, Aged About 49 Years Occupation Service Working As Principal In Government Higher Secondary School, Farsawani, Block- Kartala, District Korba, (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh Through Its Secretary, Department Of School Education (Cadre- T), Mahanadi Bhawan, Naya Raipur, (Chhattisgarh) 2.

Director, Directorate Of Lok Shikshan, Indrawati Bhawan, Naya Raipur, District Raipur, (Chhattisgarh) 3.

Dr. Rakesh Shrivastava, Occupation- Service, Working As Principal In Government Higher Secondary School, Keradwari, Block Kartala, District Korba, (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Vinay Pandey, Advocate For Respondents No. 1 & 2 : Mr. Dilman Rati Minj, Dy. Govt. Advocate For Respondent No. 3 : Mr. Ajay Shrivastava, Advocate Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 22/09/2016 1.

Heard.

2.

The transfer order is under challenge on the ground that the petitioner has been transferred from present place of posting i.e. Government Higher Secondary School, Farsawani, Block Kartala, District Korba to Government Higher Secondary School, Sendripali, District Korba, wherein there is no vacant post to accommodate the petitioner.

3.

On the last date of hearing, learned counsel for the State/respondents No.1 & 2 was granted time to seek instruction in the matter. Upon instructions, it is submitted that at Sendripali, there is no post lying vacant to accommodate the petitioner.

4.

In view of above, the State/respondents No. 1 & 2 is under obligation to pass necessary corrective order within a period of four weeks from today and transfer order of the petitioner is either required to be cancelled or she may be posted anywhere, where there is a vacant post. The impugned order, in relation to the petitioner shall not be operative.

5.

With the aforesaid direction, the petition stands finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari