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High Court Of ChhattisgarhWPS/6760/2018disposed off

Dr. T. D. Vaishnaw v. State Of Chhattisgarh

2018-10-10Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6760 of 2018 Dr. T. D. Vaishnaw S/o Shri C. D. Vaishnaw, Aged About 60 Years, Posted As Assistant Professor & In-Charge Principal At Government Naveen College, Hardibazar Korba, District Korba (Chhattisgarh) R/o SECL Colony, Q.No. B/216, Urja Nagar, Gevra Project Korba, District Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Joint Secretary, Higher Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

3. Naresh Tandan, President, Janbhagidari Samiti, Government Gramy Bharti College, Hardibazar, Korba, District Korba, Chhattisgarh ---- Respondents For Petitioner :

Shri Mateen Siddiqui, Advocate For State :

Shri Prafull N. Bharat, Additional Advocate General and Shri D. Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 10.10.2018 The challenge in the present writ petition is to the order Annexure P-1 dated 01.10.2018 whereby the services of the petitioner have been transferred from Govt. Naveen College, Hardibazar, Korba to Govt. College, Sanawal, District Balrampur.

2.

The primary contention of the petitioner is that the petitioner has been appointed as a Sector Officer in the upcoming election to be held in the month of November, 2018. Counsel for the petitioner referred to the circular of the GAD dated 08.10.2018 so also the guidelines issued by the Election Commission of India dated 07.01.2017 whereby it has been held that the Officers who have been entrusted with election duty should be protected from being transferred during the election period. 3.

Given the said fact, this Court is of the opinion that the petitioner subject to verification of the fact that he has in fact been assigned with the duty of a Sector Officer/any other election assignment stands protected under the circular of the State Govt. Accordingly, he would not be relieved till the election duties are over by the State Govt. The respondents would be free to relieve the petitioner in case need so arises after the election duty is over.

4.

With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai