High Court Of ChhattisgarhWPS/8767/2019disposed off

Suresh Kumar Banjare v. State Of Chhattisgarh

2019-10-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8767 of 2019 • Suresh Kumar Banjare, S/o Kohal Singh Banjare, Aged About 52 Years, Presently Working As Head Master, Govt. Primary School, Tilkapara, Block Nawagarh, District Bemetara, Chhattisgarh ---- Petitioner

Versus

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

2. Director, Directorate, Education Department, Indrawati Bhawan, Atal Nagar Raipur, District Raipur, Chhattisgarh

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

Shri C. Jayant K. Rao, Advocate For Respondents/ State :

Shri Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/10/2019

1. The grievance of the petitioner is that the petitioner has been transferred from Government Primary School, Tilkapara, Block Nawagarh District Bemetara to Government Primary School, Sankra, Block Berla, District Bemetara.

2. Learned counsel for the petitioner submits that the service of the wife of the petitioner is also at Nawagarh and as per the transfer policy of the government normally the husband and wife are to be kept in same place and the transfer of the petitioner would effect the family of the petitioner. It is

further contended that the petitioner was also holding a post of President in Chhattisgarh Pradesh Shikshak Sangh, District Bemetara and as per Clause 1.4 of the Policy of the State, the person who holds some post in association, he cannot be transferred.

3. Considering the different grounds which are raised by the petitioner and taking into the fact, the petitioner is directed to make a representation to the concerned respondent within 15 days from date of receipt of copy of this order. If such representation is made the same may be decided within a further period of 45 days, till then the transfer of the petitioner shall not be given effect to.

4. Accordingly, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti