A. K. Chandrakar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 886 of 2017 A. K. Chandrakar S/o Shri S. P. Chandrakar, Aged About 54 Years R/o Shanti Nagar Near Shiv Mandir, Pali, Block : Pali, District Korba (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, School Education Department Mahanadi Bhawan, Mantralaya, New Raipur (Chhattisgarh)
2. The Collector, Korba, District Korba (Chhattisgarh)
3. The District Education Officer, Korba, District Korba (Chhattisgarh) ---- Respondents For Petitioner :
Mr. Ajay Shrivastava, Advocate For State/Respondent :
Mr. R.K. Gupta, Dy. A.G.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/02/2017 Heard.
1.
Grievance of the petitioner raised in this petition is that upon revocation of suspension, the petitioner is being posted at a place other than where he was working at the time of suspension.
2.
It is submitted that this legal issue has been decided by this Court in large number of cases and it has become a settled legal position that upon revocation of suspension, the employee is required to be posted at the same place wherefrom he was suspended.
3.
On the other hand, learned counsel for the respondent submits that because of the exigency of service it has been decided that the petitioner should be posted at some other place therefore, the impugned order has been passed.
4.
This Court in the case of Vijay Vajpayee v. State of Chhattisgarh and others, W.P.(S)No.4921/2014, decided on 18-9-2014 has held that once an employee is suspended, upon revocation he is required to be posted at the same place wherefrom he was suspended.
5.
Respondent is directed to pass appropriate order posting the petitioner at the place where-from he was suspended.
6.
This order, however, shall not come in the way of transfer of the petitioner, in times to come, on administrative exigency. 7.
The writ petition stands disposed of. No order as to cost(s). Sd/- (Manindra Mohan Shrivastava) Judge Rekha