Chattisgarh High Court
Rajendra Shukla vs State Of Chhattisgarh on 22 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 637 of 2022
Rajendra Shukla S/o Shri Makhan Lal Shukla Aged About 61 Years Block
Education Officer Pamgarh, District : Janjgir-Champa, Chhattisgarh
---- Appellant
Versus
1. State of Chhattisgarh Through The Secretary To The Govt. of
Chhattisgarh, Department of School Education, Mantralaya,
Mahanadi Bhavan Naya Raipur Police Station Rakhi Raipur,
District : Raipur, Chhattisgarh
2. Under Secretary Department of School Education, Mantralaya,
Mahanadi Bhavan Naya Raipur Police Station Rakhi Raipur,
District : Raipur, Chhattisgarh
3. Shri Jagdish Kumar Shastri Presently Transferred as Block
Education Officer Pamgarh, District : Janjgir-Champa, Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Anurag Dayal Shrivastava, Advocate.
For Respondents No. 1&2 : Mr. Vikram Sharma, Deputy Government
Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Sanjay Agrawal, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
22.11.2022
Heard Mr. Anurag Dayal Shrivastava, learned counsel for the
appellant. Also heard Mr. Vikram Sharma, learned Deputy Government
Advocate, appearing for respondents No. 1 & 2.
2. This appeal is presented against an order dated 19.10.2022 passed
by the learned Single Judge in Writ Petition (S) No. 6654 of 2022.
3. The challenge in the writ petition was to an order of transfer dated
30.09.2022 whereby the petitioner, while posted as Incharge Block
Education Officer, Pamgarh, District Janjgir-Champa, was transferred to
Government Higher Secondary School, Saragaon, Block-Bamhnidih,
District Janjgir-Champa.
4. The learned Single Judge disposed of the writ petition as follows:
"5. Taking into consideration the facts and circumstances of
the case, the submission made by learned counsel for
petitioner that petitioner has only five months of service to
attain age of superannuation. Further certificate issued by
Principal, Higher Secondary School, Saragaon shows that
post of Lecturer (Maths) is not vacant in the school, I find it
appropriate to dispose of this writ petition at this stage
instead of keeping this petition pending and taking reply
from the State, directing the petitioner to submit
representation before the Committee constituted under
transfer policy within a period of 10 days from today and
and if such representation is filed, the Committee is
directed to consider and decide the same within further
period of three weeks from the date of receipt of
representation along with copy order passed by this Court.
6. For a period of five weeks or till decision of
representation whichever is earlier status-quo as it exists
today with respect to place of posting of petitioner shall be
maintained by the parties.
7. Accordingly, this petition is disposed off with aforesaid
observations and directions."
5. Pursuant to the order of the learned Single Judge, the petitioner
submitted a representation on 28.10.2022.
6. Mr. Shrivastava submits that certain developments have now taken
place and the respondent No. 3 of this appeal, who is transferred to the
original place of the petitioner as a regular Block Development Officer, is
interfering in discharging his duties.
7. The petitioner having implemented the order of the learned Single
Judge by filing a representation, is estopped from preferring an appeal
against the very same order, which he has complied with. A litigant
cannot be allowed to approbate and reprobate at the same time. If there
is any other grievance, the petitioner may take recourse to appropriate
proceedings.
8. In that view of the matter, we find no good reason to entertain this
appeal and accordingly, the writ appeal is dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
Chief Justice Judge
Brijmohan
