Tika Ram Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3533 of 2016 • Tika Ram Patel S/o Jagdish Patel, Aged About 51 Years Posted At Government Girls Higher Secondary School Saraipali, District Mahasamund, Chhattisgarh ---- Petitioner

Versus

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

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

3. District Education Officer, District Mahasamund, Chhattisgarh

4. Principal, Govt. Girls Higher Secondary School, Saraipali, District Mahasamund, Chhattisgarh

5. Smt. Gasmoti Patel, Lecturer, Sanskrit, Govt. High School, Kankeva, Block Saraipali, District Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Shri R. Pradhan, Advocate For Respondent/State :

Shri S. P. Kale, Dy.AG Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/08/2016 Heard.

2.

The transfer order is under challenge because the petitioner is being sent to a school where the salary may not be paid to the petitioner regularly and there may be difficulty in release of his salary. It is submitted that in the new school, where the petitioner is being sent, is in the process of establishment and salary are not being paid regularly unless appropriate grant is received. 3.

Apprehension of the petitioner appears to be unfounded. The petitioner is a government servant and wherever he is posted, he is entitled to salary. If in future,

there is any difficulty in payment of salary to the petitioner, cause of action would arise for filing fresh petition.

4.

The petitioner has filed this petition only on the basis of apprehension, as such, no relief can be granted.

5.

In the result, the petition is dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Tumane