Disposed

Krishan Kumar Jhlariya v. State of Chhattisgarh

Chhattisgarh HC6 Dec 2022WPS/8451/2022

Case brief

AI extract

What is this about?

This order disposes of a writ petition challenging a transfer order of a hostel superintendent. The high court permits the petitioner to submit a representation before the transfer committee rather than cancelling the transfer immediately, invoking a status quo regarding the petitioner's posting.

What did the court decide?

Permitting petitioner to submit representation before the Committee constituted under Transfer Policy within 12 days; maintenance of status quo regarding petitioner's posting till decision on represen

Krishan Kumar Jhlariya Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 8451 of 2022

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Krishan Kumar Jhlariya S/o Late Shri D. L. Jhlariya Aged About 53 Years Presently Posted As Hostel Superintendent, Pre-Matric S. C. Boys Hostel, Bamnidih, Block Bamnidih, District- JanjgirChampa, R/o Village And Post Saragaon,, District JanjgirChampa, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur,, District : Raipur, Chhattisgarh

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State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur,, District : Raipur, Chhattisgarh

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State Of Chhattisgarh Through The Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh

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Commissioner Tribal Welfare, Indrawati Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh

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Assistant Commissioner Tribal Welfare Department, Janjgir,, District : Janjgir-Champa, Chhattisgarh

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Rajendra Bharadwaj Hostel Superintendent, Presently Posted At Pre-Matric S. C. Girls Hostel, Badesajapali,, District : Mahasamund, Chhattisgarh

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.....Respondents

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For Petitioner : Mr. Dhiraj K Wankhede, Advocate For Respondent No.1 to 5 : Mr. S. Dubey, Dy. Advocate General

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Hon'ble Mr. Justice Parth Prateem Sahu

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Order On Board

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06/12/2022

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Challenge in this writ petition is to the order dated 09.11.2022 by which respondent No.6 is transferred on his own expenses and

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posted at Pre-metric Scheduled Castes Boys Hostel, Bamnidih, District Janjgir Champa, where petitioner is already posted and working.

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Learned counsel for petitioner submits that initially on 17.11.1988 petitioner was appointed as Assistant Teacher in Tribal Department and since then petitioner is discharging duties of Hostel Superintendent and presently, he is posted and working at Pre-metric Scheduled Castes Boys Hostel, Bamnidih, District Janjgir Champa. By the order impugned, respondent No.6 is transferred and posted at Pre-metric Scheduled Castes Boys Hostel, Bamnidih, District Janjgir Champa on his own expenses, but there is no mention in impugned order regarding transfer or posting of petitioner at any other place. As per Special Note-3 appended to Clause 3 of Transfer Policy dated 12.8.2022, if the post at transferred place is not vacant, transfer shall stand cancelled automatically. As petitioner is already working on the post on which respondent No.6 is transferred by impugned order i.e. Hostel Superintendent, Pre-metric Scheduled Castes Boys Hostel, Bamnidih, District Janjgir Champa, therefore, transfer order of respondent No.6 stands cancelled automatically. He also contended that earlier proceedings were initiated to transfer Hostel Superintendents like petitioner to the School Education Department, which was objected by them and therefore, the decision was recalled asking Hostel Superintendents like petitioner to submit undertaking in prescribed format, which they have submitted.

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As of now, claim of absorption of petitioner and other similarly situated employees is pending consideration before the State Government. In support of afore contention, learned counsel referred to the documents annexed along with writ petition. He also submits that in identical facts, petitioner in WPS No.7071/2022 was permitted to submit representation to be decided by the Committee constituted under Transfer Policy, 2022 and till decision of representation, interim protection was granted to her. He prays for passing of similar order in this petition also.

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Learned State Counsel opposing submissions of learned counsel for petitioner, would submit that petitioner is not holding substantive post of Hostel Superintendent, his substantive post is Assistant Teacher. As per instructions received by him, proceedings for posting of Assistant Teachers, who are holding post of Hostel Superintendent, are under consideration for their posting in schools. However, he does not dispute submission of learned counsel for petitioner that the impugned order does not contain any direction with respect to posting or transfer of petitioner.

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Heard learned counsel for parties and perused documents filed along with writ petition.

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Considering the facts and circumstances of case, submission of learned counsel for petitioner based on Annexure P-1 that respondent No.6 is transferred on his own expenses at the place

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where petitioner is already posted and working, there is no other sanctioned post of Hostel Superintendent at Pre-metric Scheduled Castes Boys Hostel, Bamnidih, District Janjgir Champa; Special Note-3 under Clause 3 of Transfer Policy, 2022 wherein it is specifically mentioned that if post is not vacant at transferred place, then transfer will stand cancelled automatically, I am of the view that no useful purpose would be served in keeping this writ petition pending, awaiting response of respondents, and ends of justice will be served if this writ petition is disposed of permitting petitioner to submit representation before the Committee constituted under Transfer Policy.

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Accordingly, this writ petition stands disposed of permitting petitioner to submit representation before the Committee constituted under Transfer Policy, within 12 days from today, raising all grounds as raised in this petition. On making such representation, the Committee shall consider and decide the same in accordance with law within an outer limit of three weeks from the date of receipt of such representation.

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Till decision on petitioner's representation, Status Quo , as it exists today, with respect to place of posting of petitioner shall be maintained by the parties.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Krishan Kumar Jhlariya v. State of Chhattisgarh

Case brief

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Krishan Kumar Jhlariya v. State of Chhattisgarh

Case brief

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