High Court Of ChhattisgarhWPS/7051/2019disposed off

Balraj Pal (B.R. Pal) v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7051 of 2019 Balraj Pal (B.R. Pal) S/o Late Shri Bajrang Ram Pal Aged About 50 Years Occupation Principal (T) Govt. High School Bhairamgarh District Beejapur Chhattisgarh, District : Bijapur, Chhattisgarh ---- Petitioner

Versus

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

2. The Director Public Education Directorate Indrawati Bhawan Atal Nagar District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. The Collector Beejapur District Beejapur Chhattisgarh, District : Bijapur, Chhattisgarh

4. The District Education Officer Beejapur District Beejapur Chhattisgarh, District : Bijapur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Avinash K. Mishra, Advocate.

For State :

Mr. Jitendra Pali, Dy. A.G.

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

1. The grievance of the petitioner in the present writ petition is that the petitioner has been working at the present place of posting since 2008, as such he has put in about 11 years of service in the core scheduled area.

2. According to the petitioner, as per the transfer policy of the State Government after having worked in a scheduled area, the petitioner should had been posted in a non-scheduled area of his choice. The petitioner has also made some applications in this regard.

3. Given the aforesaid facts and circumstances of the case, considering the fact that the petitioner has put in about 11 years of service at scheduled area and he is willing to go to any non-scheduled area, let

the respondent No.1 consider the prayer of the petitioner and redress the grievance of the petitioner.

4. Let the petitioner make a detailed representation in this regard within a period of 10 days from the date of receipt of the copy of this order and the respondent No.1 in turn shall decide the same within a further period of 45 days from the date of receipt of the representation.

5. Meanwhile, the effect and operation of the impugned order shall remain stayed so far as the petitioner is concerned.

6. The respondents would be free to pass a fresh order of transfer to a non-scheduled area, in which circumstances the transfer policy or ban put by the State Government would not come in their way.

7. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved