D. Lal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7575 of 2018 D. Lal S/o Late Shri Mansai Lal Aged About 50 Years Occupation Block Education Officer Pali District Korba Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, District Raipur Chhattisgarh.

2. The Under Secretary, Department Of Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, District Raipur Chhattisgarh.

3. The Collector And District Election Officer District Korba Chhattisgarh.

4. The District Education Officer Korba, District Korba Chhattisgarh. ---Respondents For Petitioner :

Mr. Vipin Tiwari, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22/11/2018

1. The challenge in the present writ petition is to the order of transfer dated 04.10.2018, whereby the services of the petitioner have been transferred from the office of the Block Education Officer, Pali, District Korba to the office of the Block Education Officer, Gaurela, District Bilaspur.

2. The petitioner has assailed the impugned order of transfer on the ground that the wife of the petitioner is suffering from Cancer and is undergoing treatment at Korba and that the wife of the petitioner would be put to great inconvenience and would also not be able to get the further treatment that she is presently getting and which the petitioner would not be able to provide in case if the order of transfer

-2is acted upon, as the place where the petitioner has been posted, does not have proper medical facilities.

3. Given the said facts and circumstances of the case, particularly taking note of the medical condition of the petitioner's wife, this Court is of the opinion that, let the petitioner make a detailed representation supported with all relevant documents within a period of 10 days, to the respondent No.1, who in turn may consider the claim of the petitioner sympathetically and pass an order at the earliest preferably within a period of 60 days from the date of receipt of representation.

4. Meanwhile, since the petitioner makes a categorical submission that the petitioner till date has not been released and he is continuing to work at his present place of posting, let status quo, as it exists today, so far as the posting of the petitioner is concerned, be maintained till the representation of the petitioner is not finally decided. Sd/- (P. Sam Koshy) Judge Ved