Chattisgarh High Court
Purshottam Kumar Dubey vs State Of Chhattisgarh on 10 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 53 of 2023
Purshottam Kumar Dubey, S/o Shri Rambhagwan Dubey, aged about 40
years, working as Assistant Teacher (L.B.) and posted at Government
Primary School Maharoomkala, Block Khairagarh, District Khairagarh-
Chhuikhadan-Gandai, Chhattisgarh
---- Appellant
Versus
1. State of Chhattisgarh Through Secretary, Department of School
Education, Mahanadi Bhawan, Atal Nagar, Mantralaya, New Raipur,
District Raipur (C.G.)
2. District Education Officer, Khairagarh-Chhuikhadan-Gandai,
Chhattisgarh
3. Jitendra Kumar Baghel, working as Assistant Teacher (L.B.) at
Government Primary School Maharoomkala, Block Khairagarh,
District Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Ajay Shrivastava, Advocate.
For Respondents No. 1 & 2 : Ms. Astha Shukla, Government Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri P. Sam Koshy, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
10.02.2023
Heard Mr. Ajay Shrivastava, learned counsel for the appellant. Also
heard Ms. Astha Shukla, learned Government Advocate, appearing for
respondents No. 1 and 2.
2. I.A. No. 2 of 2023 is an application for amendment to implead
Collector, Rajnandgaon, District Rajnandgaon (C.G.) and Departmental
Coordination Committee, Office of Director Public Instructions, Indravati
Bhawan, Raipur (C.G.) as respondents.
3. The appeal is preferred against an order dated 16.01.2023 passed
by the learned Single Judge in Writ Petition (S) No. 288 of 2023.
4. The writ petition was filed challenging an order dated 02.12.2022,
whereby the representation submitted by the appellant was rejected and
the order dated 10.09.2022, by which the Collector had transferred the
appellant while holding the post of Assistant Teacher (LB) at Government
Primary School, Mahroomkala, Block-Khairagarh to Government Primary
School, Chhuiha, Block-Chhuikhadan.
5. Having regard to the subject matter of dispute, we are not inclined
to allow I.A. No. 2 of 2023. Accordingly, I.A. No.2 of 2023 is dismissed.
6. The appellant is holding the post of Assistant Teacher (LB) at
Government Primary School, Mahroomkala for the last 8 years. The
transfer of respondent No. 3 was to the post held by the appellant and
that of the appellant to the post held by the respondent No. 3.
Respondent No. 3 was holding the post of Assistant Teacher (LB) at
Government Primary School, Chhuiha for last 5 years. The transfer of
respondent No.3 was effected on his own request.
7. Ms. Shukla has produced materials to demonstrate before the
Court that respondent No. 3 had submitted a representation to the
appropriate authority indicating that he may be transferred to the schools
either at Indamara, Bakal and Bhodiya on the grounds of illness of his
mother and he being the lone male member of the family to take care of
her. However, his request was not considered for the schools at the
aforesaid places and ultimately, decision was taken to transfer him to the
post held by the appellant.
8. Although, respondent No. 3 was transferred on his own request, in
the present factual matrix, we are of the considered opinion that it cannot
be countenanced as argued by Mr. Shrivastava that solely on the ground
to accommodate the respondent No. 3, the appellant has been
transferred. It is to be remembered that the appellant and the respondent
No.3 had been at the same places for the last 8 years and last 5 years,
respectively.
9. It is also to be noted that according to transfer policy in place,
normal tenure of posting in one place is 3 years.
10. In that view of the matter, we see no good reason to interfere with
the order of the learned Single Judge and accordingly, this appeal is
dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (P. Sam Koshy)
Chief Justice Judge
Brijmohan
