Umend Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 6189 Chatt

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                                                                      NAFR

                 HIGH COURT of CHHATTISGARH, BILASPUR


                         WPS No. 6011 of 2022
     Umend Kumar Sahu S/o Late Judawan Ram Sahu Aged About 46
     Years Working As Assistant Teacher (L.B.), Resident Of Village
     Bhaisatora, Tahsil Rajim, District : Gariyabandh, Chhattisgarh
                                                           ---- Petitioner
                                Versus
  1. State Of Chhattisgarh Through The Secretary, School Education
     Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur,
     Chhattisgarh.
  2. The Collector Gariyaband, District : Gariyabandh, Chhattisgarh
  3. The District Education Officer Gariyaband, District : Gariyabandh,
     Chhattisgarh
  4. The Block Education Officer Fingeshwar, District : Gariyabandh,
     Chhattisgarh
                                                       ---- Respondents

______________________________________________________________ For Petitioner : Mr. Sangeet Kumar Kushwaha, Advocate For State : Ms. Hamida Siddiqui, Dy. A.G.

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 11/10/2022

Heard.

1. Challenge in this petition is to order dated 10/09/2022 (Annexure

P-1) whereby the petitioner who is working as Assistant Teacher

(LB) and posted at Govt. Primary School Rohina, Block-

Fingeshwar, District- Gariyaband has been transferred to Govt.

Primary School, Jamguriyia, Block- Devbhog, on administrative

grounds.

2. Learned counsel for the petitioner would submit that wife of the

petitioner is also posted as Assistant Teacher at Govt. Primary

School, Kundel, Block- Fingeshwar, District- Gariyaband. As per

the dictum of Hon'ble Supreme Court in the case of S.K.

Nausad Rahaman & Ors. Vs. Union of India & Ors. (Civil

Appeal No.1243 of 2022) decided on 10th March 2022, spouses

are to be posted at one place. His mother is aged about 90

years and is suffering from medical ailment and, therefore, he

has also submitted representation before the Collector,

Gariyaband in this regard but till date, representation has not

been decided.

3. Learned counsel for the State opposes the submission of

learned counsel for the petitioner and would submit that the

petitioner is posted at present place of posting since 01.08.2009

and the transfer is made on administrative ground. Hence, no

interference is called for in the transfer order.

4. I have heard learned counsel for the parties.

5. Considering the period of posting of the petitioner at present

place as also the ground of his transfer i.e. 'on administrative

ground, I do not find present to be a fit case to interfere with the

impugned order of transfer.

6. However, so far as the submission of learned counsel for the

petitioner that husband and wife are required to be posted at

one place referring to judgment of Hon'ble Supreme Court in the

case of SK Nausad Rahaman (supra), the petitioner will be at

liberty to submit a representation before the Competent

Authority seeking transfer of his wife to the place of his posting

within a period of 2 weeks from today and if such representation

is submitted, concerned authority shall consider and decide the

same expeditiously within a period of 4 weeks from the date of

receipt of representation, keeping in mind the judgment of

Hon'ble Supreme Court in the case of SK Nausad Rahaman

(supra).

7. With the aforementioned observation and direction, the writ

petition stands disposed of.

Sd/-------/--/-

(Parth Prateem Sahu) Judge

Praveen