Chattisgarh High Court
Johar Lal Patel vs State Of Chhattisgarh on 17 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7532 of 2022
• Johar Lal Patel S/o Shri Ram Singh Patel Aged About 54 Years R/o Village -
Kochera Post Bhimkanhar Tahsil - Daundi-Lohara, District : Balod, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, School Education Department
Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District : Raipur,
Chhattisgarh
2. Divisional Joint Director Department Of Education Division - Raipur, District : Raipur,
Chhattisgarh
3. The Collector Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
4. District Education Officer Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
5. Block Education Officer Block Kawardha, District : Kawardha (Kabirdham),
Chhattisgarh
---- Respondents
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For Petitioner : Shri Ajit Singh, Advocate For Respondents ; Shri Sandeep Dubey, Dy AG
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Hon'ble Shri Justice Parth Prateem Sahu Order on Board 17.11.2022
1. Heard.
2. Learned counsel for the petitioner would submit that this petition has been filed with a limited prayer that respondent-4 to be directed to relieve petitioner pursuant to order of transfer dated 30.09.2022. Petitioner, who is working as Head Master at Middle School, Mainpuri, Block-Kawardha, district-Kabirdham, and is suffering from paralysis disease submitted an application for his transfer from Kabirdham to district-Balod. Respondent authorities while considering transfer of employee, as also application submitted by employees requesting transfer, application submitted by petitioner was allowed and he has been transferred to Middle School, Pidiyal, Block-Dondilohra, district- Balod, vide transfer order dated 30.09.2022 mentioning 'own request'. Petitioner, when not relieved approached the authorities for his relieving but till date, respondent authorities arbitrarily not Wps 7532 of 2022 2 relieved him. He also submits that Joint Director, Education Durg Division also wrote a letter on 10.11.2022, to all the District Education Officers within Durg division for relieving employees who have been transferred, expeditiously, but even then direction issued by Joint Director, Education has not been complied with. Hence, direction be issued to respondent-4 District Education Officer, Kawardha, Kabirdham for relieving petitioner. Petitioner has already made representation before concern authority.
3. Shri Sandeep Dubey, learned counsel for the State submits that as per instructions received by him, as many as 97 teachers have been transferred from Kabirdham district to other districts against which, only three teachers have been posted at Kabirdham. Considering shortage of teachers in the district, Collector, Kabirdham had written letter to the Principal Secretary, Education for passing appropriate orders in this regard. The letter written by the Collector, Kabirdham is pending consideration before Principal Secretary. He however submits that if the petitioner is having some exceptional ground of his suffering from paralysis, he may submit an application for his relieving raising specific ground before competent authority and if petitioner submits representation, authority concerned will consider and decide the same in accordance with law.
4. Heard learned counsel for the parties.
5. At this stage, learned counsel for the petitioner would submit that as letter written by the Collector is pending consideration before respondent-1, petitioner may be permitted to submit representation before respondents-1, 2 and 4 and respondents may be directed to decide representation expeditiously within specified time.
Wps 7532 of 2022 3
6. In view of submission made by learned counsel for the parties, facts of the case and nature of relief sought, I find it appropriate to dispose of this writ petition permitting petitioner to submit representation afresh before respondents-1, 2 and 4 within ten days from today and if such representation is submitted by petitioner, respondents-1, 2 and 4 shall consider and decide the same expeditiously, within further period of two weeks from the date of receipt of representation.
7. In view of above observation and direction, writ petition stands disposed of.
8. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE padma