High Court Of ChhattisgarhWPS/3938/2016disposed off

Deenbandhu Dutt Mishra v. State Of Chhattisgarh

2016-08-24Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3938 of 2016 Deenbandhu Dutt Mishra S/o Late Shri Anant Mishra, Aged About 55 Years Headmaster Primary Boys School Educaiton Department Manendragarh, District Korea Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Educaiton Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Director Public Instructions, Raipur, District Raipur Chhattisgarh

3. District Education Officer, Baikunthpur, District Korea Chhattisgarh ---- Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate For State :

Shri Sangharsh Pandey, Dy. Govt. Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/08/2016 Heard on admission.

1. The petitioner has challenged the order of transfer on the ground that the petitioner is a Head Master, Primary School in School Education Department, whereas, the petitioner is being transferred to the post of Head Master in a school which belongs to Tribal Department and the post against which the petitioner is being transferred is a 'T-Cadre' whereas as per the Govt. policy dated 30.6.2016, the teachers of 'E-Cadre' can be transferred only to a school where there is vacancy of teachers in 'ECadre'.

2. Learned counsel for the State, upon instructions, submits that the

-2aforesaid grievance of the petitioner shall be duly examined in the light of Circular dated 30.6.2016 and appropriate corrective measures shall be taken.

3. In view of the above statement, this petition need not be kept pending and disposed off with a direction to the respondent-State that the case of the petitioner be considered and appropriate decision may be taken within a period of 6 weeks.

4. In view of the submission made before this Court, the petitioner should not be compelled to join at the new place of posting till appropriate decision is taken by the respondent.

5. With the aforesaid observation and direction, the petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen