High Court Of ChhattisgarhWPS/5701/2019disposed off

Prabhat Kumar Shrivastava v. State Of Chhattisgarh

2019-08-05Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5701 of 2019 Prabhat Kumar Shrivastava S/o Late Shambhunath Shrivastava Aged About 46 Years R/o Village And Post Balrampur, District Balrampur - Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School, Education Mantralaya, Capital Complex, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, Balrampur, District Balrampur- Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Manoj Paranjpe, Advocate For State :

Mr. Chandresh Shrivastava, Dy. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 05/08/2019

1. The challenge in the present Writ Petition is to the order Annexure P/1 dated 12.07.2019 whereby the services of the petitioner has been transferred from the office of Block Education Officer, Balrampur to Higher Secondary School, Pashputipur, Block Wadrafnagar.

2. Counsel for the petitioner submits that he has obtained the certificate from the Block Education Officer of Wadrafnagar intimating that there is no vacant post of AG -II available at the place where the petitioner has been transferred. The certificate in this regard has been enclosed as Annexure P-3 with the writ petition.

3. Given the said fact, particularly, the reason of non availability of the vacant post at the place of transfer, this court is of the opinion, let petitioner make a fresh representation to the respondent No. 2 within a period of seven days from today and respondent No. 2 in turn shall decide the representation within a further period of 30 days from the date of receipt of representation by the petitioner.

4. Till the representation of the petitioner is decided the effect and operation of the impugned order shall remain stayed so far as the petitioner is concerned, if the petitioner has till date not been relieved.

5. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit