Mahendra Singh Nag v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4478 of 2016 • Mahendra Singh Nag, S/o Late Shri Mannu Ram, Aged About 51 Years, Posted as Head Master At Primary School Maradkodo, Block Narayanpur, District Narayanpur, R/o Village & Post Gadbangal, Tahsil Narayanapur, District Narayanpur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, (Chhattisgarh)

2. Collector, Narayanpur, District Narayanpur, (Chhattisgarh)

3. Deputy Collector, Narayanpur, District Narayanpur, (Chhattisgarh)

4. District Education Officer, Narayanpur, District Narayanpur, (Chhattisgarh)

5. Block Education Officer, Narayanpur, District Narayanpur, (Chhattisgarh) ---- Respondents For Petitioner Shri Mateen Siddiqui, Advocate For Respondent-State Shri Satish Gupta, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 01/05/2017 1.

The petitioner has challenged the impugned order dated 30.07.2016 (Annexure P-1), whereby the petitioner has been transferred from Primary School, Maradkodo, Narayanpur, District Narayanpur to Block Orchha, District Narayanpur

showing administrative exigency. On 05.09.2016, this Court directed that the petitioner shall not be relieved, unless there is any other head master is posted.

2.

Learned State counsel would submit that since the petitioner is enjoying interim relief for last about 8 months, 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 the 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