Lalit Kumar Nirmalkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8673 of 2019 • Lalit Kumar Nirmalkar, S/o Late Shri L.R. Nirmalkar, Aged About 43 Years, Occupation Service, Working Assistant Teacher (L B), Government Primary School Sawantpur, Block And District Bemetara, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Its Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

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

Shri Vinay Pandey, Advocate For Respondents/ State :

Shri Priyank Rathi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/10/2019

1. The grievance of the petitioner is that the services of petitioner has been transferred from Government Primary School Sawantpur, Block and District Bemetara to Government Primary School Balak, Maro, Blcok Nawagarh District Bemetara vide order dated 1.10.2019.

2. It is contended that the petitioner has suffered a cardiac attack and he is presently staying at Bemetara. However, at Maro medical facilities are not available and in order to stay with family he has to travel 120 kms daily. Therefore, on humanitarian ground the transfer of petitioner may be cancelled. It is further contended that the ratio of teachers shall able be disturbed by transfer of petitioner from Sawantpur to Maro.

3. Perused the medical document of the petitioner and considering the fact that prayer is made on humanitarian ground the petitioner transfer may be reconsidered, it is directed that the petitioner shall file a representation to Respondent No. 1 within 15 days from the date of receipt of copy of this order. Thereafter, Respondent No.1 shall decide the same within a further period of 45 days, till then the transfer order of petitioner shall not be given effect to.

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