Mulendra Kotle v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6317 of 2019 Mulendra Kotle S/o Ganesh Ram Kotle, Aged About 42 Years Occupation - Service, Teacher Local Body Posted At Middle School Kurubhatha, Block - Khairagarh, District - Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary Education Department, Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector, Rajnandgaon District - Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Rajshree Jha Teacher Local Body Posted At Middle School Katangi, Block - Chhuikhadan, District - Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---Respondents For Petitioner :

Mr. Rakesh Pandey, Advocate along with Mr. Abhishek Pandey, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2019 1.

The claim of the petitioner in the present writ petition is to the order Annexure P/1 dated 12.07.2019, whereby the petitioner has been transferred from Middle School Kurubhata Khairagarh to Middle School Katangi, Block Chhuikhadan, District Rajnandgaon. 2.

The sole ground of challenge is that the said order of transfer is in violation of the transfer policy of the State Government. According to the petitioner his wife is also working as a teacher and is posted at Khairagarh and if the petitioner is sent to the transferred place, the family life of the petitioner would get adversely affected.

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Given the said facts, let the petitioner make a detailed representation to the respondent No.2 within a period of 10 days from the date of receipt of the copy of this order and the respondent No.2 in turn shall decide the case of the petitioner taking into consideration the transfer policy, particularly the clause whereby protection is being given to the husband and wife working in the State Government.

4.

Let a decision be taken by the respondent No.2 within a period of 30 days from the date of receipt of the representation. Meanwhile, the effect and operation of the impugned order Annexure P/1 shall remain stayed so far as the petitioner is concerned.

5.

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

Sd/- (P. Sam Koshy) Judge Ved