High Court Of ChhattisgarhWPS/7284/2019disposed off

Satish Kumar Pandey v. State Of Chhattisgarh

2019-09-11Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7284 of 2019 Satish Kumar Pandey S/o Shri Surendra Pandey Aged About 39 Years Working On The Post Of Lecturer (Maths) Government Girls H.S. School Bhatgaon, Block Bhaiyathan, District Surajpur, Chhattisgarh. ---- Petitioner(s)

Versus

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

2. Under Secretary, School Education Department, Mahnadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar Post Office And Police Station Naya Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. District Education Officer Surajpur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

4. Principal Government Girls H.S School Bhatgaon Block Bhaiyathan, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---Respondents For Petitioner :

Shri VK Pandey, Advocate.

For State :

Shri Ashutosh Mishra, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 21.08.2019 whereby the petitioner has been transferred from Bhaiyathan to Dhodhi, Block Wadrafnagar.

2. The challenge in the transfer order is on the ground that the impugned order reflects 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 any order of transfer, yet the authorities have shown the order of transfer to have been on its own cost.

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 facts that whether the petitioner has made a request for transfer, the

-2impugned order so far as the petitioner is concerned, shall not be given effect to. However, in case on verification if it is found that the petitioner has infact 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 of. Sd/- (P. Sam Koshy) Judge inder