Shyamanand Sahu vs State Of Chhattisgarh
2023 Latest Caselaw 162 Chatt

                                         1


                                                                          NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                 WA No. 625 of 2022

Shyamanand Sahu S/o Shri Nandu Ram Sahu Aged About 56 Years

Principal at present working on the post of Block Education Officer Pali,

District : Korba, Chhattisgarh

                                                                 ---- Appellant

                                      Versus

1. State of Chhattisgarh Through Under Secretary, School Education

   Department,     Mahanadi          Bhawan,   Mantralaya,   Nawa       Raipur,

   Chhattisgarh.

2. The Director, Directorate of Public Instructions, Indravati Bhawan, Atal

   Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

3. The Collector Korba, District : Korba, Chhattisgarh

4. The District Education Officer Korba, District : Korba, Chhattisgarh

5. Dinesh Lal S/o Late Shri Mansai Aged About 57 Years Principal, the

   then Block Education Officer, Pali, District : Korba, Chhattisgarh

                                                             ---- Respondents

(Cause Title taken from Case Information System)

For Appellant : Mr. Anil Singh Rajput and Ms. Kavita Bansal, Advocates.

For Respondents No. 1 to 4 : Mr. Vikram Sharma, Deputy Government Advocate For Respondent No. 5 : Mr. K.K.Pandey, Advocate.

Hon'ble Mr. Arup Kumar Goswami, Chief Justice

Hon'ble Mr. Arvind Singh Chandel, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

09/01/2023

Heard Mr. Anil Singh Rajput, learned counsel, appearing for the

appellant. Also heard Mr. Vikram Sharma, learned Deputy Government

Advocate, appearing for the respondents No. 1 to 4 as well as Mr.

K.K.Pandey, learned counsel, appearing for the respondent No. 5/writ

petitioner.

2. Pursuant to the order of this Court dated 15.12.2022, Dr.

S.Bharathidasan, IAS, Secretary, Department of School Education,

Government of Chhattisgarh, is present.

3. This appeal is preferred against an order dated 07.11.2022 passed

by the learned Single Judge in WP(S) No. 6883 of 2022.

4. As the appellant was not made a party-respondent in the writ

petition, an application for leave to appeal, being IA No. 1 of 2022 is filed.

5. Mr. Rajput submits that because of subsequent developments, he

has been instructed not to press this appeal.

6. Mr. Sharma submits that an order dated 06.01.2023 is passed

transferring the respondent No. 5/writ petitioner as Principal, Government

Higher Secondary School, Arda, Development Block Katghora, District

Korba, from his earlier place of posting as Block Education Officer, Pali. It

is submitted by him that the appellant is posted as the Block Education

Officer, Pali.

7. Since the appellant is not pressing this appeal, the appeal is

dismissed as not pressed.

8. Mr. Pandey submits that the respondent No. 5/writ petitioner may be

given liberty to assail the said order of transfer dated 06.01.2023, if so

advised.

9. The respondent No. 5/writ petitioner, if so advised, may ventilate his

grievances in accordance with law if he is aggrieved by the aforesaid order

dated 06.01.2023.

                          Sd/-                                     Sd/-
                  (Arup Kumar Goswami)                   (Arvind Singh Chandel)
                      CHIEF JUSTICE                             JUDGE




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