Shailesh Kumar Kaushil v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8425 of 2019 Shailesh Kumar Kaushil S/o Janki Prasad Kaushil, Aged About 43 Years Occupation Teacher, Primary School Rumgara, Tahsil And District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Education Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Raipur, Police Station Kewli, Tahsil And District Raipur Chhattisgarh

2. Collector, Korba, District Korba Chhattisgarh,

3. District Education Officer, Korba, District Korba Chhattisgarh, --Respondents For petitioner -Shri Ratnesh Kumar Agrawal, Advocate. For State- Ms. Binu Sharma, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 16/10/2019 1.

Grievance of the petitioner is that the petitioner was transferred by an order dated 12/07/2019 from Primary School Bodanala to Primary School Bilaspur Para, Block Podi-Uproda and the reason in the remark column it has been stated that it is on his own request. It is contended that the petitioner has requested for transfer and has given preference for three places i.e. Primary School, Rumgara, Primary School Saraipali and Primary School Duggupara, however instead of that the petitioner has been transferred to other place on the ground that the petitioner volunteered for transfer. Consequently, the transfer is not made according to the option exercised by the petitioner though remark column says otherwise. It is contended that the petitioner's service is attached to Primary School, Rumgara wherein the petitioner has exercised his option to be transferred, therefore transfer in respect of the petitioner may be reconsidered/cancelled.

2.

Perused the documents. Perusal of the documents filed alongwith the petition would show that the petitioner has been shown to have been transferred to Primary School Bilaspur Para on his own request whereas option exercised by the petitioner shows that the petitioner requested for transfer to Primary School, Rumgara, Primary School Saraipali or Primary School Duggupara. Considering the fact that the petitioner is still working in Primary School, Rumgara, it is directed that the petitioner shall make a representation within a period of two weeks from today to the concerned respondent. If such representation is filed, same may be decided within a further period of 45 days. Till then the transfer order dated 12/07/2019 in respect of the petitioner shall not be given effect to. 3.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri