Shailesh Kumar Khakha vs State Of Chhattisgarh
2022 Latest Caselaw 7180 Chatt

                                      1

                                                                       NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR
                              WA No. 654 of 2022

   Shailesh Kumar Khakha S/o Shri Jugeshwar Prasad Aged About 42

   Years (Assistant Grade-III) R/o Village Kachhari Para Baikunthpur

   Tahsil And Police Station Baikunthpur, District : Koriya (Baikunthpur),

   Chhattisgarh

                                                               ---- Appellant

                                   Versus

   1. State of Chhattisgarh Through Its Secretary School Education

     Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya

     Raipur, District : Raipur, Chhattisgarh

   2. The Under Secretary School Education Department Mantralaya

     Mahanadi Bhawan Atal Nagar Naya Raipur, District : Raipur,

     Chhattisgarh

   3. The Collector Koriya, District : Koriya (Baikunthpur), Chhattisgarh

   4. The District Education Officer Baikunthpur, District : Koriya

     (Baikunthpur), Chhattisgarh

   5. The Block Education Officer Sonhat, District : Koriya (Baikunthpur),

     Chhattisgarh

                                                           ---- Respondents

(Cause Title Taken from Case Information System) _____________________________________________________________ For Appellant : Mr. Dheerendra Pandey, Advocate.

For Respondents : Ms. Astha Shukla, Government Advocate.

Hon'ble Mr. Arup Kumar Goswami, Chief Justice

Hon'ble Mr. Sanjay Agrawal, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

30/11/2022

Heard Mr. Dheerendra Pandey, learned counsel, appearing for the

appellant. Also heard Ms. Astha Shukla, learned Government Advocate,

appearing for the respondents.

2. This writ appeal is presented against an order dated 10.10.2022

passed by the learned Single Judge in WP(S) No. 6290/2022 whereby the

writ petition filed by the appellant, was dismissed. The appellant, who is

working as Assistant Grade-III, was transferred by an order dated

07.09.2022 from the office of Block Education Officer, Sonhat to

Government Higher Secondary School, Kunwarpur, Block Bharatpur,

District Koria, and the order dated 07.09.2022 was the subject matter of

challenge in the writ petition.

3. The contention advanced by the appellant is that clause 1.1, 3 and 4

of the transfer policy dated 12.08.2022 enables the District Collector to

transfer an employee within the District only and the appellant having been

transferred to the District of Manendragarh-Chirmiri-Bharatpur, the order of

transfer is bad in law and is liable to be set aside and quashed.

4. The learned Single Judge observed that the new District

Mahendragarh-Chirimiri-Bharatpur having been notified on 08.09.2022, i.e.

subsequent to the issuance of the order of transfer dated 07.09.2022, the

argument of Mr. Pandey has no merit.

5. Mr. Pandey submits that though not pleaded in the writ petition, an

argument was advanced that the order of transfer was also bad on account

of the fact that no reliever was posted in place of the appellant.

6. We fail to see how the transfer order can be characterised as bad in

law only because of the fact that the replacement officer has not been

posted. Where to post and when to post an employee is entirely a matter

relating to administrative exigency and expediency and the Court is not

oblivious of the fact that more often than not, there is always a gap

between the sanctioned strength and the working strength of employees.

7. In that view of the matter, we find no ground to interfere with the

order of the learned Single Judge, and accordingly, the writ appeal is

dismissed.

                        Sd/-                                           Sd/-
                (Arup Kumar Goswami)                             (Sanjay Agrawal)
                    CHIEF JUSTICE                                   JUDGE




Amit