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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPS No. 2326 of 2020

1. Sunil Kumar Ganwirey S/o Late Khema Ram Aged About 38 Years Caste

Mahar R/o Village Shahvada, District Kanker Chhattisgarh,

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department,

Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur

Chhattisgarh,

2. Tribal Development Dantewada, District Kanker Chhattisgarh

3. Collector Kanker, District Kanker Chhattisgarh,

4. District Education Officer Kanker, District Kanker Chhattisgarh,

5. Head Master, Government Middle School Tarasgaon, District Kanker,

Chhattisgarh,

6. Principal Government Higher Secondary School Tarasgaon, Block Charama,

District Kanker Chhattisgarh,

7. Director, Public Education Indrawati Bhawan, First Floor, Raipur, District

Raipur Chhattisgarh,

---- Respondents

For Petitioner

:

Mr. K. N. Nande, Advocate.

For State

:

Mr. Kunal Das, P.L.

Hon'ble Shri Justice P. Sam Koshy

Order On Board

24.09.2021

1. The grievance of the petitioner in the present writ petition is the action

on the part of the respondent No. 6 who has refused to comply with the

order passed by the State Government dated 20.08.2019.

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2. The brief factual matrix of the case relevant for the disposal of the writ

petition are that the petitioner was working as a peon in Balak Ashram

Matapal, District Dantewada. Vide order dated 20.08.2019 the services

of the petitioner, by an order of the State Government, was transferred

on self-request to the government middle school Tasagaon kanker. The

petitioner was relieved from his place of posting at Matapal on

03.10.2019 and the petitioner gave his joining in the establishment of

government middle school Tarasgaon Kanker on 05.10.2019.

3. However, for reason best known, the respondent No. 6 who is the

principal of a different school i.e. Government High School, has issued

an order on 21.03.2020 sending the petitioner back to the office of the

Assistant Commissioner Tribal Development Department Dantewada.

Surprisingly, the original order of transfer dated 20.08.2019 till date

does not stand modified, amended or cancelled in so far as the

petitioner is concerned. The petitioner in due compliance of the order,

had reported for duty at the transfered place.

4. Under the circumstances, the said order of transfer which was initially

issued by the State Government, could not have been refused from

being implemented by the respondent No. 5 or for that matter

respondent No. 6, unless there is a specific instruction in this regard

from any of the Higher Authorities. Since 05.10.2019, the petitioner is

struggling to give his joining at the transfered place in-terms of the

order of the State Government, neither is there any other place of

posting elsewhere given to the petitioner, where he could have given

his joining.

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5. When the matter was taken up on admission on 22.06.2020, this Court

had directed the State Counsel to seek instructions. However though

more than 15 months have passed, the reply or instruction of the

respondents/State counsel have not been received. That considering

the aforementioned factual matrix of the case, this Court does not

intend to keep the writ petition further pending thereby the writ petition

is being taken up for hearing for final disposal at motion stage.

6. Given the entire facts and circumstances of the case, the present writ

petition at this juncture is disposed of directing the respondent No. 1 &

4 to immediately look into the grievance of the petitioner and to take

immediate steps for compliance of the order of the State Government

dated 20.08.2019 forthwith. The respondents No. 1 & 4 shall also pass

a speaking order as to how the intervening period from 05.10.2019 till

date, has to be treated, particularly in-respect-of the benefit that the

petitioner has been deprived of during the said period only on account

of th