The Collector And District Mission Director v. Sanjay Kumar Soni

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 408 of 2017 (Arising out of order dated 5.5.2017 in WPS No.1710 of 2017.)

1. The Collector And District Mission Director Rajiv Gandhi Shiksha Mission, Baikunthpur Post And P.S. Baikunthpur District Koriya, Chhattisgarh

2. The Chief Executive Officer And Ex-Officio Project Manager, Rajiv Gandhi Shiksha Mission, Baikunthpur Post And P.S. Baikunthpur District Koriya, Chhattisgarh

3. The District Mission Coordinator District Koriya Baikunthpur Rajiv Gandhi Shiksha Mission, O/o District Education Officer, Baikunthpur, Chhattisgarh

4. The Superintendent, Kasturba Gandhi Balika Avasiya Vidyalaya, Banji, Post And P.S. Manendragarh, District Koriya, Chhattisgarh ...............(Respondents No. 2 To 4) ---- Petitioner

Versus

1. Sanjay Kumar Soni S/o Ramesh Kumar Soni, Aged About 34 Years, Accountant, Kasturba Gandhi Balika Vidyalaya (K G B V), Banji, R/o Behind F C I Godown, Ward No.20, Manendragarh Post And P.S. Manendragarh District Koriya, Chhattisgarh ............... (Petitioner)

2. The State Of Chhattisgarh, Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Post And P.S. Mandir Hasaud, Raipur, Chhattisgarh ..............(Respondent No.1)

3. Ku. Akanksha Singh, Mobile Resource Centre, Manendragarh District Koriya, Chhattisgarh ...............(Respondent No.6) ---- Respondent For Applicants Mr. A.S. Kachhwaha, Advocate For Respondent No.1/ Mr. Varun Sharma, Advocate writ petitioner For Respondent /State Mr. Sameer Behar, Panel Lawyer

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/8/2017

1. Heard.

2. The present application has been preferred by the applicants to seek modification/review of the order dated 05.05.2017 to the extent that the writ petitioner's original place of posting is "Kasturba Gandhi Balika Awasiya Vidyalaya, Bharatpur, Block Bharatpur, District Koria," whereas, in the interim order, his original place of posting his mentioned as "Kasturba Gandhi Balika Awasiya Vidyalaya, Banji".

3. Having heard learned counsel for the parties and on perusal of the papers, it would appear that the writ petitioner was initially appointed at Bharatpur on 19.01.2012 and thereafter, was transferred to Banji, Manendragarh on 22.12.2012. Therefore, from the said date i.e. December 2012 till the order impugned in the writ petition was passed, the writ petitioner has been working at Banji and not at Bharatpur.

4. In the interim order, this Court has used the words "original place of posting" and not "initial place of posting". His initial place of posting was Bharatpur, whereas, the subsequent posting, which is referred in the interim order as original place, is at Banji, therefore, the order is clear.

5. -In any case, the order having referred to a particular institution and not a place or town where the applicant was to be posted, it

was very clear that the writ petitioner was allowed to be continued at Kasturba Gandhi Balika Awasiya Vidyalaya, Banji.

6. If for any other reason, the applicants or the State machinery warns that a male employee should not be posted at the Kanya Awasiya Ashram School, they may move appropriate application in the writ petition.

7. The MCC stands disposed of with the aforesaid observation. Sd/- Judge (Prashant Kumar Mishra) Shyna