Rajkumar Banjare Vs State Of Chhattisgarh And Ors

Chhattisgarh High Court 20 Feb 2019 Writ Petition (S) No. 1149 Of 2019
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (S) No. 1149 Of 2019

Hon'ble Bench

P. Sam Koshy, J

Advocates

Anurag Dayal Shrivastava, Saleem Kazi

Final Decision

Disposed Of

Judgement Text

Translate:

P. Sam Koshy, J

1. The grievance of the petitioner in the instant Writ Petition is the non- granting of the charge of the District Education Officer at Takhatpur, District

Bilaspur.

2. The facts of the case in brief is that, the petitioner was earlier posted as Block Education Officer at Baloda, District Janjgir-Champa. On

04/10/2018, the State Government has issued an order of transfer whereby the petitioner has been transferred from Baloda, Janjgir-Champa to

Takhatpur, District Bilaspur.

3. The Block Education Officer posted at Takhatpur, District Bilaspur for the same order was transferred to a different place i.e. as the ""Principal "" in

any of the District at Bilaspur under the District Education Officer, Bilaspur.

4. It is said that, the respondent No.3 in turn had challenged the order dated 04/10/2018 before the High Court and the High Court had simply disposed

off the Writ Petition for making a suitable representation to the State Government who in turn shall decide the same. The High Court had not granted

any sort of interim protection to the respondent No.3.

5. The petitioner meanwhile gave his joining at the office of the respondent No.2 on 26/12/2018 and had sought for grant of charge of District

Education Officer, Takhatpur, Bilaspur. However, the respondent No.2 till date has not taken any step to provide the charge of District Education

Officer, Takhatpur to the petitioner which has led to the filing of the Writ Petition.

6. The grievance of the petitioner is that, since he has given his joining in the office of the respondent No.2 on 26/12/2018, he has also not been paid

salary for the period from 26/12/2018 onwards and therefore prayed for suitable direction be given to the respondents in this regard.

7. Given the said facts and circumstances of the case and also taking into consideration the nature of dispute, this Court does not intends to keep the

Writ Petition pending, rather ends of justice would meet if the Writ Petition is disposed off with a direction to the respondent No.2 to ensure that, the

order dated 04/10/2018 transferring the petitioner as well as the respondent No.3 is implemented in its letter and spirit.

8. The respondent No.2 should also realize the fact that, this High Court while disposing off the petition of the respondent No.3 had not granted any

interim protection with which he could have been retained at Takhatpur, Bilaspur.

9. The respondent No.2 shall also ensure that in case if the petitioner has given his joining to the respondent No.2 on 26/12/2018, then thereafter the

petitioner would also be entitled for the entire salary and allowances for the subsequent period unless the order of transfer dated 04/10/2018 had been

either modified, withdrawn or cancelled so far as the petitioner is concerned.

10. Let the respondent No.2 take a decision in this regard within a period of 45 days from the date of receipt of copy of this order.

11. The Writ Petition accordingly stands disposed off.

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