High Court Of ChhattisgarhWPS/7335/2019disposed off

Indrabali Kushwaha v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7335 of 2019 Indrabali Kushwaha S/o Shri Purshotam Kushwaha Aged About 52 Years Working On The Post Of Teacher (Lb) Middle School Nawapara Sarhari, Pratappur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Petitioner

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, Mahanadi Bhawan Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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

4. Principal Government Middle School Nawapara Sarhari, Pratappur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. V.K. Pandey, Advocate For State :

Ms. Ishwari Ghritlahare, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/09/2019

1. The challenge in the present writ petition is to the impugned order Annexure P/1 dated 22.08.2019 whereby the services of the petitioner has been transferred from Govt. Middle School Sarhari to Govt. Middle School Lanjit Block Odgi, District Surajpur.

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 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, in case 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.

5. 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.

6. The present Writ Petition, accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Ved