Punaram Deshlehra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7024 of 2019 Punaram Deshlehra (Wrongly Mentioned In Impugned Order As Punaram Deshlehre ) S/o Late Shukul Chand Deshlehre, Aged About 56 Years, Presently Working As Head Master, Government Middle School Pirda, Vikas Khand Berla, District Bemetara Chhattisgarh ---- Petitioner

Versus

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

2. Director, Department Of School Education, Indravati Bhawan, Post Office Mantralaya, Police Station Rakhi, Atal Nagar, District Raipur, Chhattisgarh

3. Under Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, Police Station Rakhi Atal Nagar, District Raipur, Chhattisgarh

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

Mr. Shobhit Koshta, Advocate For State :

Ms. Ishwari Ghritlahare, P.L.

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 of transfer dated 21.08.2019 passed by the respondents transferring the petitioner from

Govt. Middle School, Pirda, Vikas Khand Berla, District Bemetra to Govt. Middle School, Telasi, Vikas Khand Palari, District Baloda Bazar.

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 request.

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. 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.

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