High Court Of ChhattisgarhWPS/6767/2019disposed off

Devendra Pandey v. State Of Chhattisgarh

2019-09-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6767 of 2019 Devendra Pandey S/o Shri A. P. Pandey Aged About 45 Years R/o Village And Post Titirgaon, Tahsil And District Baster At Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Petitioner

Versus

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

2. The Collector Jagdalpur, District6 Baster At Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

3. The District Education Officer Jagdalpur, District Baster At Jagdalpur, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh

4. Shri Deepak Sethiya Assistant Grade Ii, Working At Block Education Officer, Tokapal District Baster Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ----Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Ms. Ishwari Ghritlahare, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03/09/2019

1. The petitioner in the present writ petition has challenged the order Annexure P/1 dated 12.07.2019 whereby the petitioner stood transferred from the Office of Block Education Officer, Tokapal to Govt. High School Tokapal, Block Tokapal, District Bastar.

2. The contention of the petitioner is that he has already complied with the order. However, since the post was not available, the Principal of the School has expressed his inability for releasing the salary as is evident from Annexure P/2 dated 26.07.2019.

3. Given the fact, this Court is of the opinion that once when the petitioner has complied with the order, the same cannot be questioned seeking for quashment. The transfer order having been made by the

Collector, it would be the responsibility of the Collector to ensure that the petitioner is paid his salary regularly without any interruption provided the petitioner has given his joining and is also ready to discharge his duties.

4. With the aforesaid observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Ved