High Court Of ChhattisgarhWPS/8314/2019disposed off

Bheem Kumar Sahu v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 8314 of 2019 Bheem Kumar Sahu S/o Shri Kushal Ram Sahu, Aged About 55 Years, R/o Village And Post Tarighat, Block Fingeshwar, District Gariyaband, Chhattisgarh ---- Petitioner

Versus

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

2. Director, Public Instruction, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

3. Collector, Gariyaband, District Gariyaband, Chhattisgarh ---- Respondents For Petitioner :

Mr. Shashank Thakur, Advocate For State :

Mr. Ashutosh Mishra, P.L.

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 12.07.2019 Annexure P-1 whereby the petitioner has been transferred from Govt. Primary School Murmura, Block Chhura to Govt. Primary School, Dongaripara, Block Mainpur, District Gariyaband.

2. The contention of the petitioner is that the petitioner was being sent at the place where one Pawan Kumar Sahu was already working who was

transferred at the place where the petitioner was working. However, subsequently, the Collector vide order Annexure P-3 dated 12.07.2019 cancelled the order of transfer of Shri Pawan Kumar Sahu. As a consequence of the transfer order of Pawan Kumar Sahu getting cancelled, the petitioner would find it difficult to give his joining at the transferred place and therefore, the respondents ought to have cancelled the order of transfer of the petitioner.

3. Given the aforesaid fact, let the petitioner approach the respondents highlighting this fact by filing an appropriate representation within 10 days from the date of receipt of certified copy of this order and the respondents in turn shall consider the same within a period of 45 days from the date of receipt of the representation.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

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