Kamla Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8532 of 2019 • Kamla Prasad S/o Shri Bavna Ram Aged About 50 Years Occupation Working As Headmaster, Posted At Government Middle School Akhora Khurd, Block Rajpur, District Balrampur, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh.

2. Under Secretary School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh.

3. District Education Officer Balrampur, District Balrampur-Ramanujganj, Chhattisgarh.

4. Block Education Officer Block Rajpur, District Balrampur-Ramanujganj, Chhattisgarh.

---- Respondents For Petitioner :

Shri S.S. Painkra, Advocate For Respondents/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/10/2019

1. Heard.

2. The grievance of the petitioner is that by order dated 01.10.2019 the petitioner has been transferred from Government Middle School, Akhora Khurd Block Rajpur, District Balrampur to Pota Kebin Usur Middle School, District Bijapur (C.G.).

3. Learned counsel for the petitioner would submit that the wife of the petitioner is

posted at Gram Panchayat, Sighma Patelpara, Block Rajpur, District Balrampur as Anganbadi worker and as per the policy of the State, the husband & wife should be placed at the same place. He would further submit that the petitioner is the Joint Secretary of Union of SC/ST Officer/Employee of C.G. (AJAKS), thereby the petitioner falls within the protected category under the transfer policy of the State Government.

4. Given the said facts and after perusal of the transfer policy, let the petitioner make a detailed representation in this regard within a period of two weeks from today before the respondent No.2 and the respondent No.2 in turn shall consider and decide the same in accordance with the transfer policy at the earliest preferably within a further period of 45 days. Till the representation of the petitioner is decided, if the transfer order is not carried out, the effect and operation of the order dated 01.10.2019 shall remain stayed so far as the petitioner is concerned.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu