V. P. Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6809 OF 2019 V. P. Singh S/o Late Shri Shiv Dayal Singh Aged About 59 Years Working As Principal Government High School Aturgaon, Block Kanker, District Kanker Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, School, Education Deapartment, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur Chhattisgarh.

2. The District Education Officer, District North Bastar Kanker Chhattisgarh.

3. The Collector District North Bastar Kanker Chhattisgarh.

4. The Block Education Officer Kanker, District North Bastar Kanker Chhattisgarh.

... Respondent(s) For Petitioner :

Shri DN Prajapati, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

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

1. Challenge in the present writ petition is to the orders Annexure P/1 dated 14.08.2017 and Annexure P/2, dated 16.08.2019. Vide Annexure P/1, the petitioner was transferred from Govt. High School, Aturgaon, Kanker to Govt. High School, Gadveera, Block Lundra, District Surguja. Vide Annexure P/2, the petitioner has been relieved.

2. The contention of the petitioner is that, the place where the petitioner has been transferred, there is no vacant post of Principal available and therefore he would find it difficult to give his joining and in which regard he has brought certain documents on record.

3. The petitioner vide application dated 06.09.2019 for taking document on record have enclosed a document dated 05.09.2019 which shows that the petitioner on being relieved vide Annexure P/2 has given his joining at the transferred place. Thus, the petitioner after having relieved having given his joining at the transferred place, therefore, the petitioner now at this

juncture would not be permitted to challenge the order of transfer dated 14.08.2017 which was issued more than two years back. In case, if the petitioner has not been granted charge, then the District Education Officer, Surguja as also the respondent No.1-Secretary, School Education Department, Govt. of Chhattisgarh is directed to ensure that the petitioner is given joining promptly and he should also be given charge of post on which he has been transferred, unless the order of transfer is modified, withdrawn or cancelled by the State Govt. on its own.

4. It shall be the responsibility of the petitioner to apprise the respondent No.1 as well as District Education Officer, Surguja so far as order passed by this court is concerned.

5. The writ petition accordingly stands disposed of Sd/- (P. Sam Koshy) Judge inder