Antram Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9395 of 2019 • Antram Chouhan S/o Shri Karmu Chouhan Aged About 50 Years Occupation - Assistant Grade -2, Govt. Hir. Sec. School Garhphulijhar Block Basana District Mahasamund Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through - The Secretary, School Education Department, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Naya Raipur, District - Raipur Chhattisgarh

2. The Collector Raipur Collectorate Building, Raipur District Raipur Chhattisgarh

3. The District Education Officer Raipur Pensionbada, Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Vipin Tiwari, Advocate For Respondents/State :

Shri Soumya Rai, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner has been transferred from the Government Higher Secondary School, Garhphulijhar, Block Basana, District Mahasamund to Government Higher Secondary School, Khairatkhurd, Block Bagbahra, District Mahasamund, which is 100 km away.

3. It is contended on behalf of the petitioner that the recommendation of the Principal, Government Higher Secondary School, Garhphulijhar, Block Basana,

District Mahasamund would reveal that the petitioner is only Assistant Grade-II whereas 8 High Schools are being managed and the payment is being made and if the petitioner is transferred then the School will face a great difficulty.

4. Perused the documents. The perusal of the Annexure P-2 would show that a recommendation has been made by the Principal, Government Higher Secondary School, Garhphulijhar, Block Basana, District Mahasamund, whereby the transfer of the petitioner has been sought to be canceled to the District Education Officer. Considering the averments of the Annexure P-2 which is written by the Principal, Government Higher Secondary School, Garhphulijhar, Block Basana, District Mahasamund, wherein the petitioner is working, it is directed that the petitioner shall make afresh representation in this regard within a period of 15 days from today before the concerned Collector and the Collector 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, the transfer of the petitioner shall not be given effect to, if it has not been executed till date.

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