Rahul Kumar Panchbhaye v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 7245 OF 2019 Rahul Kumar Panchbhaye, aged about 44 years, S/o Shri Ramdas Panchbhaye, R/o Kerunbhata, Rajnandgaon, District Rajnandgaon (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of School Education, Mahanadi Bhawan, Naya Raipur, District Raipur (CG) 2.

District Education Officer, Rajnandgaon (CG) 3.

Block Education Officer, Rajnandgaon (CG) 4.

Zila Panchayat, Rajnandgaon, through Chief Executive Officer, Rajnandgaon (CG) ... Respondents For Petitioner :

Mr. Ashutosh Trivedi, Advocate For Respondent-State :

Mr. P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 13/09/2019 1.

Challenge in the present writ petition is to the order of transfer dated 21.8.2019 whereby the petitioner has been transferred from Government Higher Secondary School, Ranitarai, District Rajnandgaon to Government Higher Secondary Schoool, Lahod, Block and District Balodabazar.

2.

Challenge to the transfer order is on the ground that the petitioner is more than 60% disabled as is evident from the disability certificate (Annexure P-3) issued by the District Medical Board, Rajnandgaon.

3.

Given the aforesaid fact that the petitioner suffers from more than 60% disability and his appointment in the service was also under the disability quota, the case of the petitioner deserves reconsideration.

4.

Let the petitioner within 10 days from today make an appropriate representation to respondent no.2 who in turn shall consider and decide the same as expeditiously as possible preferably within a period of 45 days from the date of receipt of representation. 5.

Till the representation is decided, the effect and operation of the impugned order of transfer shall remain stayed so far as the petitioner is concerned. 6.

With the aforesaid, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge /sharad/