Banau Ram Chandrawanshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6881 of 2018 Banau Ram Chandrawanshi S/o Late Shri Tijuram Chandrawanshi Aged About 49 Years Occupation - Assistant Professor, Hindi Government Kunj Bihari Choubey Collage, Lal Bahadur Nagar, Rajnandgaon, District - Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur, Chhattisgarh.

2. Joint Secretary State Of Chhattisgarh, Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur, Chhattisgarh. ----Respondents For Petitioner :

Mr. Awadh Tripathi, Advocate For State :

Mr. Dheeraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 12/10/2018

1. The challenge in the present writ petition is to the order Annexure P/1 dated 01.10.2018, whereby the petitioner has been transferred from Rajnandgaon to Konta, District Sukma.

2. The challenge in the present writ petition is on two grounds, firstly the petitioner has been assigned the election duty and for which the petitioner has already undergone the election training at Dongargarh under District Rajnandgaon for which he has enclosed Annexure P/7 as the document.

3. The second ground of challenge is that the place where the petitioner is being posted there is one post of Assistant Professor (Hindi) which is already occupied by one Dr. Lalchand Sinha and the said Lalchand Sinha has not been transferred from Konta, Sukma.

4. Given the said facts, even if the order of transfer under challenge is implemented, the petitioner would find it difficult getting the joining on account of Dr. Lalchand Sinha already occupying the said post.

5. Given the said facts, let the petitioner make a detailed representation on both these grounds to the respondent no.1 within a period of 15 days from today and keeping the aforesaid facts and circumstances of the case, particularly taking into consideration the post against which the petitioner has been transferred being occupied by a different person and who has not been transferred and also the fact that the petitioner has been entrusted with election duties as is evident from Annexure P/7, let an appropriate decision be taken within a period of two months. Till then let status quo as it exists today be maintained by the respondents.

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

Sd/- (P. Sam Koshy) Judge Ved