Smt. Sarika Topre Vs State of Chhattisgarh

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VISHAKHABEOHAR Digitallysigned byVISHAKHABEOHAR

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2025:CGHC:4624

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 713 of 2025

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1 - Smt. Sarika Topre W/o Shri Rajesh Topre Aged About 48 Years Presently Working As Lecturer (L.B.) At Govt. P.M. Shri Swami Atmanand Excellent English Medium School, Balaji Nagar, Khursipar, Bhilai, District Durg (C.G.) ... Petitioner

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versus

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1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

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2 - Director Public Instructions, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Collector Durg, District Durg (C.G.)

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4 - District Education Officer Durg, District Durg (C.G.) 5 - President Govt. English Medium Higher Secondary School, School Management Committee, Balaji Nagar, Khursipar, Bhilai, District Durg (C.G.)

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6 - Principal Govt. P.M. Shri Swami Atmanand Excellent English Medium School, Balaji Nagar, Khursipar, Bhilai, District Durg (C.G.)

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... Respondents

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(Cause-title taken from the Case Information System)

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------------------------------------------------------------------------------------------------ For Petitioner :- Mr. C.J. K. Rao, Advocate For State :- Mr. Soumitra Kesharwani, P.L.

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

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Order On Board

27.01.2025

By way of this writ petition, the petitioner has prayed for following reliefs:-

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“10.1. That, this Hon'ble Court may kindly be pleased to set- aside order dated 24.12.2024 (Annexure P/1) whereby the petitioner has been transferred to Govt. Higher Secondary School Bhardakala, Block Gundardehi, District Balod (C.G.).

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10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to work in the present place of posting i.e. Govt. P.M. Shri Swami Atmanand Excellent English Medium School, Balaji Nagar, Khursipar, Bhilai, District Durg (C.G.).

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10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”

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Learned counsel for the petitioner submits that vide order dated 24.12.2024, the respondent authorities have withdrawn the deputation order of the petitioner and transferred him to Govt. Higher Secondary School, Bhardakala, Block Gundardehi District Balod on administrative ground. He submits that the the said order is illegal, bad in law and requires to be quashed. He submits that no one has been posted in place of the petitioner as in-charge for the subject of Biology. He also submits that he may be given liberty to file a representation raising all his grievances before the concerned respondent authority to consider and decide the claim

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of the petitioner, without entering into the merits of the case.

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On the other hand, learned counsel appearing for the State opposes the submission and submits that the order dated 24.12.2024 is, in fact, not a transfer order, since, the deputation of petitioner has came to an end after four years, as such, he has been sent back to his original place of posting. Accordingly, the order is absolutely correct and requires no interference.

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Considering the submissions made by the parties, and further considering the aforesaid aspect of the matter, the petitioner is granted liberty to file a representation raising all his grievances before the authorities concerned within a period of one week and, in turn, the concerned authorities are directed to consider and decide the said representation of the petitioner while passing appropriate orders in a pragmatic manner within a period of 4 weeks from the date of receipt of such representation, in accordance with law.

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Till the decision of the said representation, the effect and operation of the impugned transfer order dated 24.12.2024 with respect to the petitioner shall remain stayed and the petitioner is directed to continue his services in his present place of posting.

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With the aforesaid observation(s)/direction, the instant petition is hereby disposed off.

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sd/-

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(Amitendra Kishore Prasad) Judge

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Vishakha

Smt. Sarika Topre v. State of Chhattisgarh

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Smt. Sarika Topre v. State of Chhattisgarh

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