Harish Kumar Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6634 of 2019

1. Harish Kumar Shukla, S/o Late D N Shukla, Aged About 59 Years, Working As Lecturer, Government Higher Secondary School, Deorikhurd, Block, Belha, District- Bilaspur, Chhattisgarh, Permanent Address- Gali No.2 Jabda Road, New Sarkanda, Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary School Education Department, Mantrayala, Atal Nagar, Naya Raipur, Chhattisgarh

2. Director Of Public Instructions Directorate Of Public Instructions, Indravati Bhavan, Atal Nagar, Naya Raipur, Chhattisgarh

3. District Education Officer, Bilaspur, Chhattisgarh

4. Collector, Bilaspur, District- Bilaspur, Chhattisgarh

5. Smt. Aasha Jaysi Lecturer, Geography, Government High School, Dhanganwa, Block-Masturi, District- Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Gary Mukhopadhyay, Advocate For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 30.08.2019 1.

The challenge in the present Writ Petition is to the order of transfer Annexure P-1 dated 21.08.2019 passed by the respondents

transferring the petitioner from Govt. Higher Secondary School, Devrikhurd, Block: Bilha to Govt. High School Dhanganwa, Block: Masturi, District: Bilaspur, (C.G.).

2.

The challenge to the transfer order is on the ground that the impugned order reflects the transfer of the petitioner to have been made at the request of the petitioner.

3.

According to counsel for the petitioner, the petitioner has never moved any application nor has requested for any order of transfer, yet the authorities have shown the order of transfer to have been on its own cost.

4.

Given the limited grievance that the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of the fact that whether the petitioner has made a request for transfer, the impugned order so far as the petitioner is concerned, shall not be given effect to. However, on verification, if it is found that the petitioner has in fact made a request, then the impugned order would not stand interfered and the respondents would be at liberty to relieve the petitioner from the present place of posting. 5.

Meanwhile, till the verification is done, the effect and operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

6.

The present Writ Petition, accordingly stands disposed off. Sd/- P. Sam Koshy Judge Khatai/Rahul