High Court Of ChhattisgarhWPS/6716/2019disposed off

Dr. Phooldas Mahant v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 6716 OF 2019 Dr. Phooldas Mahant S/o Ghurvin Das Mahant Aged About 57 Years Working As Assistant Professor (Hindi), Government College Jaijepur, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanandi Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh

2. Director / Commissioner Directorate Of Higher Education, Mantralaya, Indrawati Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh

3. Chairman State Level Transfer Co-Ordination Committee, Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh,

4. The Principal Government College Jaijepur District Janjgir Champa Chhattisgarh

5. Shri K. L. Tondon Assistant Professor, Government College Bhaisma District Korba Chhattisgarh ---Respondent(s) For Petitioner :

Mr. Dhani Ram Patel, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.09.2019

1. The challenge in the present Writ Petition is to the order (AnnexureP/1) dated 21/08/2019 whereby the services of the petitioner has been transferred from Government Jaijepur Distt. Janjgir-Champa to Government College Bhaisma, Distt. Korba.

2. The contention of the petitioner is that wife of the petitioner also was posted nearby Bilaspur, vide the order the wife of the petitioner is being sent to different district and the petitioner is being sent to an opposite direction too far a place. According to the petitioner, as per the transfer policy, the Respondents / State should ensure keeping

husband and wife as far as possible at the same place or nearby place.

3. Given the aforesaid fact, let the petitioner's representation which he has made to the State Government to be considered on priority basis and consider accommodating the petitioner at the place where the wife of the petitioner has been transferred or on the contrary accommodating wife at the place where the petitioner has been transferred.

4. Let this exercise be done within a period of 30 days.

5. Till the representation is decided, there shall be a stay of effect and operation of the order so far as the petitioner is concerned shall remain stayed.

6. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge