Dhurmal Bhagat v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5949 of 2019 Dhurmal Bhagat S/o Shri Mangal Ram Aged About 48 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School Khukhrapath, R/o Village Jaimarga, Tahsil Manora, District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh

2. Collector, Jashpur, District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh

3. District Education Officer, Jashpur, District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh

4. Block Education Officer, Manora District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh ---Respondents For Petitioner :

Mr. Faisal Akhtar, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/08/2019 1.

The Challenge in the present writ petition is to the order (Annexure P-1) dated 12.07.2019 whereby the Petitioner stands transferred from Government Primary School Khukhrapath, Block Manora, District Jashpur to Government Primary School Darrapara, Block Pathalgaon, District Jashpur. 2.

The contention of the petitioner is that the impugned order of transfer so far as the petitioner is concerned is bad-in-law as it is in-violation of the Rule 27 of the Chhattisgarh Panchayat Services (Recruitment & General Conditions of Services) Rule 1999.

3.

Given the said fact, let the Petitioner make a detailed representation to the respondent No. 2 in this regard within a period of 10 days and respondent

-2No. 2 in turn shall take a decision within a period of 30 days. Till the decision is taken by the respondent No.2, there shall be a stay of effect and operation of the order so far as the petitioner is concerned. 4.

It is further directed that the respondent No. 2 shall also keep in mind the judgment rendered by this Court in WPS No. 1273 of 2016 and other connected writ petitions decided on 23.12.2016. 5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Ved