High Court Of ChhattisgarhWPS/8169/2019disposed off

Kartikey Parganiha v. State Of Chhattisgarh

2019-10-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 8169 of 2019 Kartikey Parganiha S/o Late Ishwar Dayal Parganiha Aged About 60 Years At Present Working As Head Master, Government Primary School - KumhiB, Vikas Khand - Berla, District - Bemetra Chhattisgah ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education Mahandi Bhawan, Post Office Mantralaya, P.S. - Rakhi, Atal Nagar, District Raipur Chhattisgarh

2. Director Department Of School Education Indravati Bhavan, Post Office, Mantralalya, P.S. Rakhi, Atal Nagar, District Raipur Chhattisgarh.

3. Under Secretary Department Of School Education Mahanadi Bhavan, Post Office, Mantralalya, P.S. Rakhi, Atal Nagar, District Raipur Chhattisgarh

4. The District Education Officer Bemetara District Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Shobhit Koshta, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 04.10.2019

1. The challenge in the present writ petition is to the order of transfer dated 21.08.2019 passed by the respondents transferring the petitioner from Bemetara to Raipur.

2. The challenge to the transfer order is on the ground that the impugned order reflects the transfer of the petitioner to have been made at the request of the petitioner.

3. According to counsel for the petitioner, the petitioner has never moved any application nor has requested for any order of transfer, yet the authorities

have shown the order of transfer to have been on its own cost.

4. Given the limited grievance that the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of the fact that whether the petitioner has made a request for transfer, the impugned order so far as the petitioner is concerned, shall not be given effect to. However, on verification if it is found that the petitioner has in fact made a request, then the impugned order would not stand interfered and the respondents would be at liberty to relieve the petitioner from the present place of posting. Meanwhile, till the verification is done, the effect and operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

5. The present Writ Petition, accordingly stands disposed off. Sd/- P. Sam Koshy Judge Jyotijha