Tulendra Kumar Devdas vs State Of Chhattisgarh
2023 Latest Caselaw 1056 Chatt

                                    1


                                                                   NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                        W.P.(S) No. 1395 of 2023

Tulendra Kumar Devdas S/o Ramratan Devdas Aged About 52 Years
Working As Assistant Grade 2, Office Of Collector, Land Record
Branch, Rajnandgaon, District Rajnandgaon Chhattisgarh

                                                           ---- Petitioner

                                 Versus

1.    State Of Chhattisgarh Through The Secretary, Revenue And
      Disaster      Management     Department,     Mahanadi     Bhawan,
      Mantralaya, Nawa Raipur District Raipur Chhattisgarh

2.    The Collector Land Record Branch, Rajnandgaon, District
      Rajnandgaon Chhattisgarh

                                                      ---- Respondents

For Petitioner                 : Mr. S.S. Baghel, Advocate
For Respondents/State          : Mr. Shubham Verma, P.L.


                 Hon'ble Shri Justice Parth Prateem Sahu
                            Order On Board
17/02/2023

1. Challenge in this petition is to the order dated 09.02.2023,

whereby petitioner, who is holding the post of Assistant Grade-II,

posted in the office of Collector Land Records Branch , District -

Rajnandgaon is transferred to the office of Collector, Land

Records Branch, District - Mohala-Manpur-Ambagarh Chowki on

administrative ground.

2. Learned counsel for petitioner submits that order of transfer of

petitioner is in mids of academic session. He contended that

children of petitioner are studying in Class 8th and Class 12th and

very shortly the examination of both the classes are to be started

and if petitioner is to join at his transferred place of posting, the

studies of his children will be adversely affected. Impugned order

of transfer is in mids of academic session is arbitrary. In support

of his contention, he placed reliance on the judgment of Supreme

Court in case of Director of School Education Vs. O. Karuppa

Thevan, reported in 1994 SCC Suppl. (2) 666. Petitioner till date

has not been relieved from his present place of posting.

3. Learned State counsel opposing the submission made by learned

counsel for petitioner would submit that petitioner is holding a

transferable post and transfer is made on administrative ground.

He can not claim as a matter of right to be posted at a particular

place. However, he submits that if petitioner is aggrieved in any

manner with his transfer, he can submit representation, before

the Committee constituted under transfer policy.

4. I have heard learned counsel for parties and perused the

documents available in record.

5. The order of transfer is dated 09.02.2023, petitioner has annexed

along with writ petition copy of fee card of Apporva Devdas and

progress card of Ankita Devdas, who is student of Class-12th

Central School, Rajnandgaon. It is not in dispute that

examination are to be started very shortly.

6. In the aforementioned facts and circumstances of the case as

also the decision of Hon'ble Supreme Court in case of Director

of School Education (supra), this petition is disposed off at this

stage instead of keeping this petition pending and taking reply

from the State, directing the petitioner to submit representation

before respondent No.1 within a period of two weeks and if such

representation is submitted, respondent No.1 shall decide the

same expeditiously preferably within a period of three weeks

from the date of receipt of representation in accordance with law.

7. Till the decision on representation, status-quo as it exists today

with respect to posting of petitioner shall be maintained.

8. Accordingly, this petition is disposed off with aforesaid

observations and directions.

C.C. as per rules.

1. Sd/-

(Parth Prateem Sahu) Judge

Balram