High Court Of ChhattisgarhWPS/5720/2019disposed off

Dharmendra Kumar Jhali v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5720 of 2019 Dharmendra Kumar Jhali S/o Late Shri Madhusudan Jhali, Aged About 42 Years, Occupation Assistant Grade II, Office Of District Education Officer, Jadgalpur, District Bastar, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh

2. The Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, Chhattisgarh

3. The Collector, Bastar Division Jagdalpur, District Bastar, Chhattisgarh

4. The District Education Officer, Bastar, Jagdalpur, District Bastar Chhattisgarh

5. N. P. Verma, Assistant Grade II, Government Higher Secondary School Madpal, Block And Tahsil Jagdalpur, District Batar Chhattisgarh ---- Respondents For Petitioner :

Mr. Avinash K. Mishra, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

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 petitioner has been transferred from the Office of District Education Officer, Jagdalpur to High School Ichhapur, Block Bastar.

2. The challenge is on two grounds. Firstly the petitioner has been recently posted at the present place of posting where his wife is also posted in Primary School EBA Mission, Jagdalpur. Second ground is that the petitioner is an Office Bearer of the recognized trade union and he is the Chairman of the Tahsil level association.

3. Given the aforesaid facts and circumstances of the case, let the petitioner make a detailed representation to the respondent no.3 within a period of 15 days from today and the respondent no.3 in turn is expected to consider his case and pass a speaking order within a period of 30 days from the date of receipt of representation of the petitioner. Till the representation of the petitioner is decided by the respondent no.3, there shall be stay of the effect and operation of the impugned order so far as the petitioner is concerned.

4. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai