Dwarika Prasad Mishra v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6164 of 2016 • Dwarika Prasad Mishra S/o Late Shri Kripal Mishra Aged About 50 Years UDT, Government Middle School, B.Seem, Khongapani, Police Station- Jhagrakhand, Block- Manendragarh, DistrictKorea, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through- Under Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh
2. The Director, Public Instruction, Chhattisgarh Government, Raipur, Distt-Raipur, Chhattisgarh.
3. The Commissioner, Surguja Division, Ambikapur, Chhattisgarh
4. The Collector, Baikunthpur, District - Korea, Chhattisgarh
5. The District Education Officer, District- Korea, Chhattisgarh
6. The Block Education Officer, Block- Manendragarh, DistrictKorea-Chhattisgarh ---- Respondents For Petitioner Ms. A. Rajput, Advocate For Respondent-State Shri Sameer Behar, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 05/12/2017 1.
The petitioner has challenged the impugned order dated 30.07.2016, whereby the petitioner has been transferred from Government Middle School, Bundeli, Block Manendragarh to Government Middle School, Bela, Block Bharatpur, District Korea showing administrative exigency. On 10.11.2016, this Court
allowed the petitioner to remain posted at the present place of posting and since thereafter, the petitioner is enjoying the interim relief.
2.
Learned State counsel would submit that since the petitioner is enjoying interim relief for last more than one year, the respondents may be permitted to pass fresh transfer order, if any administrative exigency arises.
3.
In view of the above, it is directed that respondents shall not insist upon the implementation of impugned transfer order, however, they would be at liberty to pass fresh order in accordance with law on the basis of obtaining administrative exigency. 4.
In view of the aforesaid observation, the writ petition is disposed of.
Sd/- Judge Prashant Kumar Mishra Nirala