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High Court Of ChhattisgarhWPS/7914/2019dismissed

Mangal Singh Banraj v. State Of Chhattisgarh

2019-09-30Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 7914 of 2019 Mangal Singh Banraj S/o Shri Motiram Banraj Aged About 45 Years Working As Assistant Grade-2 At Block Education Department Nagari Dhamtari District Dhamtari Chhattisgarh.

---- Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary Department of Panchayat Mahanadi Bhawan Mantralaya New Raipur District Raipur Chhattisgarh.

2. District Education Officer District Dhamtari Chhattisgarh.

3. Block Education Officer Nagari District Dhamtari Chhattisgarh. ---Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate.

For State :

Shri P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30.09.2019

1. Challenge in the present writ petition is to the order dated 07.09.2019 to the extent of place of posting of the petitioner that has been made.

2. Facts of the case is that, the petitioner while working as Assistant Grade-II in the office of the Block Education Officer, Nagari, District Dhamtari, was placed under suspension on 26.08.2019. Subsequently, vide order dated 07.09.2019 the order of suspension stands revoked and the petitioner has been taken back in service and he has now been ordered to be posted at Govt. Higher Secondary School, Rajpur. It is this change of place of posing in the order of revocation which is under challenge in the present writ petition.

3. At the outset, this court is of the opinion that no strong case is made out by the petitioner calling for an interference with the impugned order in the light of the order dated 15.11.2018 passed by the Division Bench of this Court in WPS No.7269 of 2017 (L.P. Saket Vs. Chhattisgarh Civil Supplies

-2Corporation Ltd. & Ors.) whereby it has been held that on the revocation of suspension, it is only lien to the post which is ensured, and not lien to the place of posting.

4. In view of the aforesaid judgment passed by the Division Bench of this Court in case of L.P. Saket (Supra) there is no force in the present writ petition. The same accordingly stands rejected. Sd/- (P. Sam Koshy) Judge inder