High Court Of ChhattisgarhWPS/5787/2017disposed off

Harkesh Jaisawal v. State Of Chhattisgarh

2017-11-03Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5787 of 2017 • Harkesh Jaisawal S/o Shri Mohar Lal Jaiswal, Aged About 55 Years Occupation Principal, Govt. Girls Higher Secondary School Lakhanpur District Surguja (At Present Relieved) Resident Of Ambikapur, District Surguja Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Education Department Mahanadi Bhawan, New Mantralay, District Raipur Chhattisgarh.

2. The Collector, Ambikapur, District Surguja Chhattisgarh.

3. The District Education Officer, Ambikapur, District Surguja Chhattisgarh.

4. Smt. Snehlata Sinha (Wrongly Mentioned As Snehtala) Principal, Govt. Multipurpose Higher Secondary School, Ambikapur, District Surguja Chhattisarh.

---- Respondent For Petitioner Shri Sunil Tripathi, Advocate.

For Respondents/State Shri Sameer Behar, P.L. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 03/11/2017

1. The petitioner has called in question the impugned inaction of the respondent authorities, whereby the Respondent No.3 District Education Officer is not allowing the petitioner to join at the transferred place i.e. Government Multipurpose

Higher Secondary School, Ambikapur, District Surguja, despite the petitioner's relieving pursuant to the transfer order dated 14.08.2017.

2. Considering the limited relief prayed in this petition, it is deemed appropriate to dispose of the petition with direction to the Respondent No.3 District Education Officer, to allow the petitioner to join at Government Multipurpose Higher Secondary School Ambikapur, District Surguja, to which the petitioner has been transferred vide State Government's order dated 14.08.2017

3. The petitioner shall submit his joining within a period of one week from today.

4. If for any reason, the District Education Officer is of the opinion that there is legal impediment in allowing the petitioner to join at the transferred place, the said officer shall intimate the petitioner in writing, specifically assigning the reasons therefor. If it is found that the petitioner has not allowed to join without any lawful reason, the District Education Officer shall pay the petitioner's salary from the date of his relieving till the date of allowing him to join at the transferred place, personally by the DEO.

5. The writ petition is accordingly disposed of. Sd/- Judge Prashant Kumar Mishra Akhilesh