-t C '?( 'gro IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION fS) N0. /1^^/2008 PETITIONER ,<)vy-::;.';- .••' ^ 1/-<~.^V...- ^^^' .y^" ^^ ^.^ ^" RESPONDENTS Rathore s/o Bhuwan Lal Rathore aged about 48 years r/o Village Girwar Post Pendra Road District Bilaspur (C.G.) Versus ^l. State of Chhattisgarh - Through- The Secretary Department of School ^Jv^" Education, Mantralaya D.K.S. ^6° \^>}^^ Bhawan Raipur (C.G.) ^•€ ^" 2. District Education Officer ^ ^° Bilaspur District Bilaspur (C.G.) ^.3. Block Education Officer Development Block Pendra District Bilaspur (C.G.) ^-<. Block Education Officer, Bilha District Bila^pur (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OFTHE CONSTITUTIOhLQElNDIA- (Hon. Mr. Justlce Pritinker Diwaker) Writ (S) No. 486. of 2008 Ghanshyam Rathore VERSUS RESPQNDENTS State of Chhattisgarh and others. ^.' Smt. Madhunisha Singh counsel for the petitioner. Shri Sumesh Bajaj GA for the respondents/State. WRIT PET!TSON UNDER ART3CLE 226 OF THE CONSTJTUT30N OF ISSSDSA OEDE_R (08.07.2009) With the consent of ths counsei for the parties, the matter is heard finaiEy. Chaiienge in the instant petltion Is to the order dated 15.10.2007 (Annexure P-1) passed by respondent No.3 whereby the petitioner was transferred from Government Primary School, Sevra, Biock Pendra to Government Primary Schooi Paseed, Biock Biiha District Biiaspur , In vloiation of the transfer poilcy. This petition was filed on 18.1.2008 and the stay was granted in favour of the petjtioner vide order dated 23.1.2008. Contention of the counsel for the parties is that this Court may quash the Impugned transfer order by giving Siberty to the respondents to pass fresh orderifadmEnistratlve exigencyso warrants. in view ofthe submlssions of the counsel for the respective parties and iooking to the fact that the petition was filed on 18.1.2008 and stay was granted In favour of the petitioner vide order dated 23.1.2008, the Impugned order dated 15.10.2007 so far as it relates to the petitioner Is hereby quashed. However, the respondents shafl be free to pass the order afresh If administrative exigency necessitates the same. So far as saEary part is concerned, the petitioner may make a representatlon to the authorities concerned whlch vvoufd be decided in accordance wlth law. With the aforesaid observation, the petltion stands disposed of. -w Sd/- Pritinker Diwaker Judge