Dor Narayan Chouhan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5989 of 2019 Dor Narayan Chouhan S/o Shri Awadh Ram Chouhan Aged About 33 Years Presently Working As Assistant Teacher (L.B.), Govt. Primary School, Chhatamura, Block Pussour, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. District Education Officer Raigarh, District - Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh

3. Collector Raigarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh

4. Smt. Leena Thakkar Assistant Teacher (Panchayat), Govt. Primary School, Mahuapali, Sarangarh, District - Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---Respondents For Petitioner :

Mr. C. Jayant K. Rao, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 13/08/2019 1.

The limited grievance that the petitioner has sought for is that the petitioner being a handicapped person in as much as his entire left hand has been amputated, he has moved an application to the respondents No. 2 & 3 for grant of an appropriate transfer to a nearby village, to which the petitioner belongs.

2.

However, the grievance of the petitioner is that he has made a request, but his request has not been considered and the respondents meanwhile issued an order of transfer transferring about 78 persons.

-23.

Given the limited prayer that the petitioner has, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending, rather ends of justice would meet if the writ petition is disposed of with a direction to the respondents to consider accommodating the petitioner by transfer him to a place nearby to his home town i.e. the village to which he belongs to.

4.

Let the authorities concerned take an appropriate decision keeping in view the clause 1.7 of the transfer policy, as also the provisions of the "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act".

5.

Let an appropriate decision be taken by the authorities within a period of 4 months from the date of receipt of the copy of this order. 6.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved