Bal Kishan Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7805 of 2019 Bal Kishan Verma S/o Shri Puna Ram Verma Aged About 37 Years Posted As Teacher (L.B.) In Govt. Middle School Singhangarh, Block Sahaspur Lohara, District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Under Secretary, School Education Department, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh.

2. District Education Officer, Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Respondents For Petitioner :

Ms. Sharmila Singhai, Advocate For State :

Ms. Ishwari Ghritlahre, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2019

1. The challenge in the present Writ Petition is to the two orders of transfer both dated the same 22.08.2019. In the first order i.e. Annexure P-1 the petitioner shown to have been transferred from Government Middle School, Singhangarh Block Sahaspur lohara District Kabirdham to Government Middle School, Rukhmidadar Pandariya, District Kabirdham. Vide another order of the same date, the petitioner is again shown to have been transferred from Government Middle School, Singhangarh, Block Sahaspur lohara, District Kabirdham to Government Middle School, Mungeli, District Bilaspur.

2. Contention of the petitioner is that except for the petitioner all other persons whose name is reflected in the order of transfer have been made on own request. Therefore, there does not appear to be any administrative exigency for transferring the petitioner at this juncture. Second ground of challenge is that the place from where the petitioner now being transferred no substitute is being sent for the subject in which the petitioner is teaching i.e. Maths subject and this also would create a disbalance in the student teacher ratio in the said School. Lastly, it was contented by the petitioner that he is till date not clear as to which order, whether it is Annexure P-1 or P2 which needs to be complied with.

3. Given the aforesaid facts and circumstances of the case, let petitioner make a representation to respondent No.1 within a period of 10 days and on receipt of the representation, the respondent No.1 in turn shall consider the case of the petitioner within a period of 45 days. The respondent No.1 is expected to take a decision at the earliest taking into consideration the administrative exigency of the Schools where the petitioner is presently working and the place where he is being transferred.

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

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit