High Court Of ChhattisgarhWPS/2549/2017disposed off

Shail Kumar Dhruw v. State Of Chhattisgarh

2017-06-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2549 of 2017 • Shail Kumar Dhruw S/o Shri Gaindram Dhruw Aged About 42 Years Working As Head Master At Government Primary School Navin Amlideeh, Block Kasdol, District - Baloda Bazar-Bhatapara, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat & Rural Development Department Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. The District Education Officer Baloda Bazar-Bhatapara, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat Baloda Bazar-Bhatapara, Chhattiasgarh.

4. Block Education Officer, Kasdol, District - Baloda BazarBhatapara. ---- Respondents For Petitioner:

Mr. R.S. Patel, Advocate For State:

Mr. D.R. Minj, Dy. Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 13.06.2017

1. The only grievance of the Petitioner is that the Petitioner and his wife have been appointed at two different places and that they now have moved a representation to the State Government that their case may be considered and both husband and wife may be accommodated at the same place of posting.

2. It is well settled law that this prerogative is exclusively within the

domain of the State Government to decide the place of posting of an employee. In the instant case there is no order of transfer which could be said to have been passed in contravention with the Transfer Policy. It is the case where two persons i.e. the Petitioner and his wife have been appointed at two different places which they have voluntarily accepted without any objection.

3. In the light of the aforesaid facts this Court is not inclined to entertain the Writ Petition. However, it is pointed out that the Petitioner for redressal of his grievance has moved a representation to the State Government which the competent authority shall consider and decide the same in accordance with the rules governing the field.

4. The Writ Petition is accordingly disposed of. Sd/- (P. Sam Koshy) VACATION JUDGE kishore