Shrawan Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6536 OF 2019 Shrawan Kumar Gupta S/o Shri Yugal Kishore Gupta Aged About 39 Years Working As Assistant Teacher (LB), Primary School Korwapara, Pashupatipur, Block Wadrafnagar, District- Balrampur- Ramanujganj, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

2. The Collector And District Magistrate District- Balrampur- Ramanujganj, Chhattisgarh.

3. Block Education Officer Wadrafnagar, District- Balrampur- Ramanujganj, Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Rahul Mishra, Advocate.

For Respondent-State :

Ms. Abhyunnati Singh, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 28.08.2019

1. Challenge in the present Writ Petition is to the order of transfer dated 12.07.2019 whereby the petitioner has been transferred from Govt. Primary School, Korwapara Pashupatipur to Govt. Primary School, Torfa, Block Wadrafnagar.

2. The challenge is on the ground that the petitioner is a disabled person suffering from more than 50 percent disability as is evident from the disability certificate issued by the District Medical Board, Ambikapur. The contention of the petitioner is that, by way of impugned order the petitioner is being transferred to a place more than 50 KM and being a handicapped person the petitioner would find it difficult to reach the transferred place and attend duties.

3. Given the aforesaid facts, let the petitioner make a detailed representation in this regard to the respondent No.2 within a period of 10 day from today, and the respondent No.2, in turn, shall consider and decide the same at

the earliest preferably within a further period of 45 days. Till the representation of the petitioner is decided, the effect and operation of the impugned order dated 12.07.2019 so far as petitioner is concerned, shall remain stayed.

4. It is made clear that while deciding the representation of the petitioner, the concerned respondent would also keep in mind the transfer policy of the State Govt. so far as dealing with the disabled persons are concerned and shall also keep in mind the provisions of the Persons with Disability Act, 2016.

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