Moti Ram Dansena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6997 of 2019 Moti Ram Dansena S/o Banshidhar Dansena Aged About 61 Years Presently Posted And Working As Lecturer (Commerce), Government Girls Higher Secondary School, Baramkela, Block Baramkela District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar Post Office And Police Station Naya Raipur, Atal Nagar District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Chairman Transfer Cases Coordination Committee, General Administration Department, Mahanadi Mantralaya, Naya Raipur, Atal Nagar Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Director Directorate Of Public Instructions, Indrawati Bhawan, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

4. Collector Raigarh District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

5. District Education Officer Raigarh District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

6. Principal Government Girls Higher Secondary School, Baramkela, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondents For Petitioner :

Mr. Dhaniram Patel, Advocate For State :

Mr. Ashutosh Mishra, PL Hon'ble Shri Justice P. Sam Koshy Order on Board

03/09/2019

1. The challenge in the present Writ Petition is to the order Annexure P/1 dated 22.08.2019 whereby the services of the petitioner has been transferred from Raigarh to Mungeli

2. The contention of the petitioner is that he is substantively appointed as a Lecturer in Commerce subject and vide the impugned order the petitioner is being sent to High School, where commerce subject is not available firstly. Secondly, he is being sent against 'History' subject which is not the subject in which the petitioner has been appointed and nor is the petitioner competent to teach 'History' subject.

3. Given the aforesaid facts, let petitioner make a detailed representation to the respondent No. 1 in this regard within a period of 10 days from today and on receipt of such representation respondent No. 1 shall decide the same within a period of 45 days.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order Annexure P-1 shall remain stayed so far as petitioner is concerned.

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit