Rajendra Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5665 of 2017 • Rajendra Pandey S/o Shri Ganeshdeen Pandey, Aged About 43 Years Posted As Teacher ( Panchayat), Middle School, Badesurokhi, Block- Geedam, District- Dantewada, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

2. The Chief Executive OfÏcer, Zila Panchayat, Sourth Bastar, Dantewada, Chhattisgarh.

3. The Collector And District Mission Director, Rajeev Gandhi Mission, District- South Basttar, Dantewada, Chhattisgarh.

4. The District Education OfÏcer And Secretary, District Rationalization Samiti, District- South Bastar, Dantewada, Chhattisgarh.

---- Respondent For Petitioner Mr. Kamlesh Kumar Pandey, Advocate For Respondent /State Mr. Sameer Behar, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 31/10/2017

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner is working as Teacher Panchayat, having his original place of posting at Potakebin Awasiya Vidyalaya, Karli, Block Geedam, for which, he was relieved by the Collector-cum-Ex OfÏcio District Mission Director, Rajiv Gandhi Shiksha Mission,

District Dantewada, on 25.3.2017. However, immediately thereafter, the said ofÏcer passed another order on 27.3.2017 directing the petitioner to work at Middle School, Badesurokhi, Block Geedam.

3. The petitioner has already joined at Middle School, Badesurokhi, Block Geedam since the order was passed by the Collector, however, the said posting is in the nature of attachment because his original place of posting is at Potakebin Awasiya Vidyalaya, Karli, Block Geedam. The petitioner has already submitted representation for sending him to his original place of posting, which is not yet decided.

4. Considering the entire facts' situation of the case, the writ petition is disposed of with direction that in the event, the petitioner prefers fresh representation before the Collector, Dantewada within a period of 02 weeks from today, the Collector, Dantewada shall decide the petitioner's representation for allowing him to join at Potakebin Awasiya Vidyalaya, Karli, Block Geedam, within a period of 08 weeks from the date of submission of representation.

5. It is made clear that this Court has not expressed any opinion on the merits of the case and the petitioner's representation shall be decided strictly in accordance with law without treating any observations made in this order as opinion on the merits of the case. Sd/- Judge (Prashant Kumar Mishra) Shyna