High Court Of ChhattisgarhWPS/6776/2019disposed off

Vijay Kumar Sahu v. State Of Chhattisgarh

2019-09-04Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6776 of 2019

1. Vijay Kumar Sahu, W/o - Shri Surjan Singh Sahu, Aged About 48 Years, Post Lecturer (Hindi), Posted At Government Higher Secondary School Mohlai-2, Block: Bakawand, District: Bastar Chhattisgarh, R/o - Suncity, Qr. No. 246, Lalbagh Jagdalpur, District: Bastar, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry Mahanadi Bhawan Atal Nagar New Raipur District Raipur Chhattisgarh

2. The Director, Directorate Of Public Education, Indrawati Bhawan, Division III, First Floor New Raipur, District Raipur Chhattisgarh

3. Joint Director, Public Education Bastar Division, Jagdalpur, District: Bastar, Chhattisgarh

4. The Collector, District: Bastar, Jagdalpur, Chhattisgarh

5. District Education Officer, District Bastar Jagdalpur, Chhattisgarh

6. Block Education Officer, District Bastar Jagdalpur, Chhattisgarh ---Respondents For Petitioner :

Mr. Akol K. Dewangan, Advocate For State :

Ms. Abhyunnati Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.09.2019

1. The challenge in the present Writ Petition is to the impugned order Annexure P-1 dated 03.07.2019, whereby the petitioner has been transferred from Govt. Higher Secondary School, Pandripani, Block:Jagdalpur to Govt. High School, Tirathgarh, District: Bastar, (C.G.).

-22. According to the petitioner, the impugned order shows that the petitioner was attached to the Government Higher Secondary School, Pandripani and therefore cancelling the attachment, the petitioner has been sent to the substantial place ie., at High School, Tirathgarh.

3. Counsel for the petitioner submits that, subsequent to the petitioner having been sent on attachment to Pandripani, the said order has been modified more than once and he is now specifically been attached to the Government Higher Secondary School, Mohlai-2, under Block: Bakawand and is presently posted there and last pay certificate from the present place has also been issued and he also received salary from Mohlai itself. Therefore, the attachment to the impugned order showing him attached is incorrect.

4. Given the aforesaid facts, subject to verification of the aforesaid contention which the petitioner has raised. Let the petitioner make a detailed representation to the respondent within a period of 10 days from the date of receipt of copy of this Order and the respondent shall consider the same within a period of further 45 days from the date of receipt of representation of the petitioner.

5. Till the representation of the petitioner is decided, there shall be stay of the effect and operation of the impugned order (Annexure P-1), so far as the petitioner is concerned.

6. Accordingly, the present Writ Petition stands disposed off. Sd/- (P. Sam Koshy) Judge Rahul