High Court Of ChhattisgarhWPS/5619/2021disposed off

Nikesh Kumar Sharma v. State Of Chhattisgarh

2021-10-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5619 of 2021 Nikesh Kumar Sharma S/o Omprakash Sharma, Aged About 28 Years Presently Posted As Assistant Teacher (T) At Government Primary School, Mashan Dabra, Shankara Block Nagri, District Dhamtari, R/o Village Shankara, Tehsil Nagri, District Dhamtari, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar (New Raipur), District Raipur, Chhattisgarh.

2. Secretary, Department Of Tribal Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar (New Raipur) District Raipur Chhattisgarh.

3. Director, Directorate Of Public Education, Indrawati Bhawan, Block 3, First Floor, Atal Nagar, Raipur District- Raipur, Chhattisgarh.

4. District Education Officer, Educational District Dhamtari, DistrictDhamtari, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Waquar Naiyer, Advocate.

For State :

Ms. Abhyunati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 06.10.2021

1. The claim of petitioner in the present writ petition is for an appropriate direction to the respondents to consider transferring the petitioner from the present place of posting to a different place particularly at Raipur.

2. The issue as regards the tenure of posting and the place of posting are not one which could be considered by the High Court in exercise of its writ jurisdiction as both the tenure of posting as also the place of posting are exclusively within the domain of the employer. The claim of petitioner is one which has to be exclusively dealt by the respondents.

3. The writ petition therefore stands disposed of permitting the petitioner to approach the respondents on the administrative side for ventilating his grievances. In case the petitioner approaches the respondents by way of a representation, the same be considered on its own merits strictly in accordance with the policy governing the field. Sd/- P. Sam Koshy Judge Khatai