Himanchal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4834 of 2016 • Himanchal Singh S/o Late Bajarangi Singh Aged About 59 Years Working On The Post Of Assistant Grade-2 Government Higher Secondary School, Raghunathnagar, Block-Wadrafnagar, DistBalrampur, Ramanujganj, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Schedule Tribes Welfare, Ministry At Mahanadi Bhawan, New Raipur, Police Station-Rakhi, Dist-Raipur, Chhattisgarh.

2. Collector, Balrampur Dist-Balrampur-Ramanujganj, Chhattisgarh.

3. District Education Officer, Balrampur, Dist-Balrampur-Ramanujganj, Chhattisgarh.

4. Principal, Government Higher Secondary School, Raghunathnagar, Block-Wadrafnagar, Dist-Balrampur-Ramanjganj, Chhattisgarh. ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner : Mr. Rakesh Jha, Advocate For State : Mr. S.P. Kale, Dy. Advocate General on advance copy. --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/09/2016 Heard.

1.

The transfer order has been challenged on the ground that the petitioner's wife is suffering from illness and she is bed-hidden. It is also submitted that the place where the petitioner has been transferred is about 200 km. far away from the present place of posting, if the petitioner would be transferred, he and his family will suffer grave hardship. He further submits that there is already a recommendation made by the Principal for cancellation of transfer order. He also submits that there is also a recommendation of sitting Minister for amendment of the transfer order.

2.

It is found that the petitioner has already approached the Collector before coming to this Court with some personal difficultly, it can be best examined and decided by the transferring authority and not by the writ Court. It is also found that some recommendations have been made by the Principal and the sitting Minister before the Collector. Therefore, it is left for the respondents to examine the petitioner's request for modification / cancellation of transfer order on the recommendation of the sitting Minister. 3.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra