High Court Of ChhattisgarhWPS/3612/2015allowed

Ganesh Ram Vishwakarma v. The State Of Chhattisgarh

2015-10-07Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3550 of 2015 • Satish Kumar Anant S/o Shri Ram Ratan Anant, Aged About 35 Years Presently Posted And Working As Peon In The Office Of The District Education Officer, P. S. Civil Lines, Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through: The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh

2. Collector Bilaspur, Bilaspur Chhattisgarh

3. District Education Officer, Bilaspur District Bilaspur Chhattisgarh ---- Respondents And WPS No. 3612 Of 2015 • Ganesh Ram Vishwakarma S/o Late Kanhaiya Lal Vishwakarma, Aged About 53 Years Presently Posted And Working As Assistant Grade-Il In The Office Of The Block Education Officer, Takhatpur, Tehsil And P.S. Takhatpur, Revenue And Civil District Bilaspur, (Chhattisgarh) ---- Petitioner Vs

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

2. Collector, Bilaspur, Bilaspur (Chhattisgarh)

3. District Education Officer, Bilaspur, District Bilaspur, (Chhattisgarh) ---- Respondents For Petitioners Shri Atanu Ghosh, Advocate For Respondent/State Shri Y.S. Thakur, Dy. AG

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 07/10/2015 Heard finally with the consent of the learned counsel for the parties.

1. In the present writ petitions, the petitioners would assail the order passed by the District Education Officer (for short 'the DEO'), Bilaspur, whereby the petitioners have been transferred in their respective capacity to Government Higher Secondary School, Tifra, Bilha and Government Higher Secondary School, Takhatpur, respectively.

2. Learned counsel for the petitioners would submit that similar transfer order passed by the DEO, Bilaspur in WPS Nos.2931/2015, 3079/2015 and 3222/2015 has been quashed by this Court on the basis of affidavit filed by the secretary of the concerned department to the effect that the DEO has violated the State Government's circular dated 01.07.2015.

3. Learned State counsel would not dispute the order passed by this Court in WPS Nos.2931/2015, 3079/2015 and 3222/2015.

4. For the foregoing, both the writ petitions are allowed. The impugned orders are quashed, however, the respondents would be at liberty to pass afresh order, in accordance with law, depending upon the administrative exigency.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala