Moolchand Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6664 of 2018 Moolchand Dewangan S/o Likhi Ram Dewangan, Aged About 30 Years Working As Assistant Teacher Panchayat, Govt. Primary School Kukrikona, Block Kasdole, District Balodabazar Bhatapara Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Chief Executive Officer, Janpad Panchayat, Kasdole, District Balodabazar Bhatapara Chhattisgarh.

3. Dinesh Kumar Chelak, Assistant Teacher Panchayat, Primary School Hatoud, Block Kasdole, District Balodabazar Bhatapara Chhattisgarh ----Respondents For Petitioner :

Mr. C. Jayant K. Rao, Advocate For State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 06/10/2018

1. The challenge in the present writ petition is to the order of transfer Annexure P/1 dated 29.08.2018, whereby the petitioner has been transferred from Govt. Primary School, Kukrikona to the Govt. Primary School, Hatoud. The order of transfer shows that the same has been made on mutual consent.

2. The contention of the petitioner is that the petitioner has never made an application for mutual transfer for the Govt. Primary School, Hatoud, whereas he had made an application for his transfer to Govt. Middle School, at Gidhouri.

3. Given the said facts, this Court is not inclined to entertain the petition challenging the order of transfer for the reason that the distance

between the two places of transfer is too short a distance, which calls in for an interference by this Court invoking its writ jurisdiction under Article 226 of Constitution of India. However, so far as the order of transfer being made on mutual consent, the same cannot be accepted for the reason that the petitioner had not applied to be transferred to the Govt. Primary School, Hatoud.

4. Given the said facts, the impugned order holding the petitioner to have been transferred on mutual consent is not sustainable and therefore the petitioner would be entitled for all the T.A. & D.A. facilities and also would be entitled for protection of his seniority, if it is being otherwise adversely affected.

5. The petitioner is directed to file a detailed representation in this regard and while making the representation, he can also ventilate his grievances, so far as his place of posting is concerned and can also request for transfer to Govt. Middle School, Gidhouri, which shall be considered and decided by the authorities concerned at the earliest preferably within a period of 60 days from the date the petitioner makes the representation.

6. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved