P. Xalxo v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5452 of 2019 P. Xalxo S/o Late Shri Marsel Xalxo Aged About 58 Years Working As P.T.I., Government Higher Secondary School, Kharsia, DistrictRaigarh, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh, Through The Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur (C.G.)
2. The Collector, District- Raigarh (C.G.)
3. The Principal, Government Higher Secondary School, Kharsia, District- Raigarh (C.G.)
4. Ramgopali Patel, posted as PTI, Govt. Higher Secondary School, Madanpur, Block-Kharsia, District- Raigarh (C.G.) --- Respondents For petitioner- Shri C.J.K. Rao and Shri Harish Khuntiya, Advocate. For State-Shri P. Acharya, PL.
Hon'ble Shri Justice Goutam Bhaduri Order 29/07/2019 Heard.
1.
It is contended that the petitioner was transferred from Government Higher Secondary School, Kharsia to Government Higher Secondary School Madanpur and in the remark column it shows that the petitioner on his own has sought transfer. Learned counsel submits that the petitioner has not made any such application for his transfer, therefore he may not be transferred on the ground that he has sought transfer. It is submitted that same has been made to accommodate respondent No.4 who sought transfer to a particular school.
2.
Considering such submission and the fact, the petitioner is directed to make representation to the grievance committee which has been constituted by the State as per the transfer policy to establish the fact that
he has not made any application for transfer though has been shown to have been transferred on his own interest. Such fact being finding of fact can be appreciated by the committee itself. Petitioner shall be at liberty to make representation to the committee within a period of 15 days from today and the committee shall adjudicate the same within a further period of 45 days from the date of receipt of representation. In the meanwhile, transfer in respect of the petitioner shall not be given effect to. 3.
With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri