Dismissed

B. S. Banjare v. State of Chhattisgarh

Chhattisgarh HC5 Mar 2024WPS/1329/2023

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging the rejection of a representation against a transfer order. The judge found no grounds to interfere as the petitioner had already joined the new posting, leaving the discrimination ground open for future consideration.

What the court decided

AI extract

B. S. Banjare Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 1329 of 2023

¶4

B. S. Banjare S/o Shri C. L. Banjare Aged About 57 Years Presently Posted As Principal Govt. Higher Middle School Kankiveera, Block Sarangarh, District Sarangarh-Bilaigarh, R/o Mini Iti Road, Ward No. 10, Khairabhata, Bilaspur Road Sarangarh, Tahsil Sarangarh, District Sarangarh- Bilaigarh (C.G.) Pin 496445, Mb. 7000187605.

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---- Petitioner

¶6

Versus

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State of Chhattisgarh through The Chief Secretary, Public Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur (C.G.) Pin 492001.

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Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur (C.G.) Pin 492001.

¶9

Director Of Public Education Through The Director In The Office Of The Directorate Of Public Education, Indrawati Bhawan, Atal Nagar Kotara Bhantha, Nava Raipur, District Raipur (C.G.) Pin 492001.

¶10

District Education Officer Sakti, In The Office Of The District Education Office, Sakti, District Sakti (C.G.) Pin 495689.

¶11

District Education Officer Sarangarh-Bilaigarh, In The Office Of The District Education Office, Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh (C.G.) Pin 496445.

¶12

Block Education Officer Dabhara Sakti, In The Office Of The District Education Office, Sakti, District Sakti (C.G.) Pin 495689.

¶13

Block Education Officer Sarangarh-Bilaigarh, In The Office Of The District Education Office, Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh (C.G.) Pin 496445.

¶14

Chairman Committee Of The Senior Secretaries State Of C.G., Constituted For Hearing Of Transfer Cases R/o Presently Posted As Home And Forest Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) Pin 492001.

¶15

Shri Shyam Lal Vare L.B. (Local Body), Lecturer, Present Posted As Block Education Officer, Dabhara, Janjgir-Chmpa, District Janjgir-Champa (C.G.) Pin 495659.

¶16

Mr. Bharat Lal Khare S/o Shri Shivcharan Lal Khare, Aged About 56 Years, Presently Posted As District Education Officer Sakti, District Sakti (C.G.) Pin 495689. Permanent R/o Near Shani Mandir Telipara, Goad Bazar Road, Thana City Kotwali, Tahsil And District Bilaspur (C.G.) Pin 495001.

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---- Respondents

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For petitioner	: Mr. Vijay K. Deshmukh and Ms.Kamal Yadav, Advocates.
For Respondent/State	: Ms. Nupur Trivedi,

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¶20

Hon'ble Shri Justice Narendra Kumar Vyas. Order on Board

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(6-3-2024)

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The petitioner has filed this writ petition (s) under Article 226 of the Constitution of India assailing the order dated 30-9-2023 (Annexure P/1) by which he has been transferred from the office of Block Education Officer, Dabhra, District - Sakti to the office of Government Higher Secondary School, Sarangarh Dist. Bhilaigar. The petitioner has also challenged the letter dated 9-1-2023 (Annexure P/7) issued by District Education Officer, Sakti, District Sakti.

¶23

The brief facts as projected by the petitioner in the writ petition are that initially the petitioner was appointed as Upper Division Teacher at Rajagarh with the respondent department on 7-12-1988 and thereafter he was transferred to Sarangarh school. Subsequently he was promoted as Lecturer in the year 2006 and worked on the said post till 2016 and in the year 2017 he was promoted to the post of Principal. In the year 2017 on the administrative ground he was transferred from the post of Principal to Block Education Officer, Baramkela where he worked as BEO till 2020, thereafter he was transferred from BEO Baramkela to BEO Dabhra where he worked till 30-9-2022. He was transferred from Dabhra to Sarangarh vide impugned order dated 30-9-2022.

¶24

Being aggrieved with the impugned order dated 30-9-2022 the petitioner has filed the writ petition (s) No 7165 of 2022 before this court wherein this court has passed the following order.

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¶26

“6. Considering entire facts and circumstances of the case, grounds raised in writ petition, documents available on record, clause 2.9 of Transfer Policy, submission of counsel for respective parties, taking note of Schedule-2 under Rules of 2019, this writ petition stands disposed of permitting the petitioner to submit a detailed representation against his transfer order before the Committee constituted under Transfer Policy within “12 days” from today, raising all grounds as raised in this writ petition. If such representation is submitted, concerned Committee is directed to consider and decide the same expeditiously, preferably within outer limit of ‘three weeks’ from the date of receipt of such representation.

¶27

For a period of ‘six weeks’ or till decision on petitioner’s representation, whichever is earlier, no coercive steps shall be taken against the petitioner, pursuant to transfer order”.

¶28

Thereafter, the petitioner has made a representation before the Transfer Committee 21.11.2022 which has rejected the said representation on 11.01.2023. This order is being assailed by the petitioner by filing this writ petition.

¶29

Learned counsel for the petitioner would submit that the manner in which the representation of the petitioner has been rejected, is nothing but arbitrariness and mala fide on the part of the Committee, as on the similar grounds, representations of the other employees have been considered whereas the case of the petitioner has not been considered, therefore, it is a case of hostile discrimination.

¶30

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

¶31

This Court is not inclined to consider the submission in view of the fact the petitioner was posted at Dabhra, District - Sakti since 2020 and remained there till 30.09.2022 and thereafter remained posted in view of interim protection granted by this Court. Thereafter, his representation has been rejected on 11.01.2023 and thereafter he was directed to relieve, thus he

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¶33

has completed more than three years and thereafter he has joined the place of posting as per the transfer order dated 30.09.2022., as such I do not find any good ground to interfere in the transfer/impugned order.

¶34

The petitioner has raised ground of discrimination, arbitrariness on the part of the Committee which is left open and that will be considered in appropriate case.

¶35

With the aforesaid observation, this writ petition is dismissed.

¶36

Sd/-

¶37

(Narendra Kumar Vyas)

¶38

Judge

¶39

Raju

B. S. Banjare v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

B. S. Banjare v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

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