High Court Of ChhattisgarhWPS/8505/2019disposed off

Yogeshwar Kumar Sahu v. State Of Chhattisgarh

2019-10-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8505 of 2019 Yogeshwar Kumar Sahu S/o Shri Baliram Sahu Aged About 52 Years Occupation Lecturer, Posted At Govt. Higher Secondary School Thanabodi, Block Narharpur, Distt. U.B. Kanker Chhattisgarh., District : Kanker, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through Secretary, School Education Department (T), Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Collector Dist. Uttar Baster Kanker Chhattisgarh.

3. District Education Officer Distt. U.B. Kanker Chhattisgarh.

4. District Education Officer Distt.

Bijapur Chhattisgarh., --- Respondents For the Petitioner : Mr. Parag Kotecha, Advocate For the State : Mrs. Richa Shukla Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2019

1. The grievance of the petitioner is that he has been transferred from Government Higher Secondary School, Thanbodi, Distt. Kanker to Government Higher School, Chorpar, Block and Distt. Bijapur on his alleged own request vide order 01.10.2019 which is under challenge in this writ petition.

2. It is contended that the petitioner has not opted for his transfer, however, the "consent/option" has been wrongly shown in the remark column of the impugned transfer order, therefore, the transfer on the ground of option is absolutely wrong.

3. Be that as it may, the grievance raised by the petitioner appears

to be a factual dispute. Considering the same, if the petitioner has not made any request for transfer, then certainly the remark column would be wrong which depicts that the petitioner has been transferred on his own request.

4. Considering the facts situation of the case, the petitioner shall be at liberty to make a detailed representation to the concerned respondents within a period of 15 days and on such a representation being filed, the same shall be considered and decided within a further period of 45 days. It is further directed that the transfer order shall not be given effect to till the representation is decided.

5. The writ petition accordingly stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o