High Court Of ChhattisgarhWPS/8536/2019disposed off

Ishwar Prasad Sharma v. State Of Chhattisgarh

2019-10-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8536 of 2019 • Ishwar Prasad Sharma S/o Vishnu Prasad Sharma Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Mudpar, 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 CJK Rao, Advocate For Respondents/State :

Ms. Astha Shukla, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/10/2019

1. Heard.

2. The grievance of the petitioner is that by the impugned order dated 01.10.2019 the petitioner has been transferred from Government Middle School Mudpar, Block Nawagarh, District Bemetara to Government Middle School, Chhuhi, Block Bodla, District Kabirdham.

3. Contention of the petitioner is that the petitioner is the single teacher posted at the present place of posting and the if the petitioner is transferred then the school would be left without any teacher and it would be against the right to

education policy to maintain the ratio of the government teacher.

4. Perusal of the documents would show that the letter has been issued by the Block co-ordinator that the petitioner is the only single teacher working the school. Considering the fact that if the petitioner is transferred then the school would be left without any teacher taking into the said fact, it is directed that the petitioner shall make afresh representation before the concerned respondent in this regard within a period of two weeks from today and the said respondent 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