HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON5BLE SHRI RAJEEV GUPTA, CJ. AND HON'BLE SHRI L.C. BHADOO, J. APPELLANT PETITIONER s RESPONDENTS Writ Appeal No. 316/2007 Pritam Sinha, S/o Late Shri Kashi Ram Sinha, aged about 41 years, Assistant Teacher, Government Primary School, Mendha, Block Dongargarh, District Rajnandgaon; R/o Village & Post Patpar, Block & Tahsil Dongargarh, District- Rajnandgaon (C.G.) Versus 1. State of Chhattisgarh, Through the Secretary, School Education Department, D.K.S. Bhawan, Raipur (CG). 2. The Special Secretary, School Education Department, D.K.S. Bhawan, Raipur (CG). 3. The District Education Officer, Rajnandgaon, District- Rajnandgaon(CG) Writ appeat under Section 2(1) ofthe Chhattisaarh Hiah Court Appeal to Division Bench Act. 2006 read with Rule 157HO)rE) of the Hiah Court of Chhattisaarh Rules, 2005 Present: Shri P.Diwakar Senior Counsel with Shri Adhiraj Surana learned counsel for the appellant. Shri Vinay Harit Dy. Advocate General for the respondents/State. ORDER (14th February, 2008) The following order is passed by Rajeev Gupta, C.J. Jt '^ Though the appeal is listed today in motion hearing list, as the learned counsel for the parties are prepared and willing to argue the appeal finally, they are heard. 2. Appellant - Pritam Sinha has filed this writ appeal against the impugned order dated 22-11-2007 passed in W.P.(S) No. 6942/2007. 3. The appellant had filed the writ petition for the following reliefs: "7.1 That the impugned order dated 21-09-2007/ 15-10-2007 (Annexure P/1) so far as it relates to the petitioner be set aside/quashed and the petitioner be allowed to perform his duties as Assistant Teacher at Primary School, Mendha, Block Dongargarh, Distt. Rajnandgaon (C.G.). 7.2 Any other relief(8) may also be given to the petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. The petitioner in substance was seeking quashing of the order dated 21-09-2007/15-10-2007 (Annexure P/1 in the writ petition) whereby he was transferred from Primary School Mendha, district Rajnandgaon to Primary School Mahka, district Durg. 5. The petitioner in the writ petition was seeking quashing of his transfer order on the grounds that the transfer of the petitioner from district Rajnandgaon to district Durg would affect his seniority; nobody was posted in place of the petitioner in district Rajnandgaon; arid the petitioner's sister was handicapped. fA-^ 'v 6. The learned Single Judge found that the petitioner did not file any gradation list either ' ^istrict Rajnandgaon or district Durg to demonstrate that on his joining at the transferred place, Durg, his seniority would be adversely affected. So far as the other ground that nobody was posted in place of the petitioner, was concerned, learned Single Judge observed that it is for the empioyer to see that somebody shoutd be posted at Rajnandgaon. The learned Single Judge did not flnd any substance in the ground advanced on behalf of the petitioner to challenge his transfer that his sister is handicapped. 7. As the submissions advanced on behalf of the petitioner against his transfer did not find favour with the writ Court, the writ petition was dismissed vide impugnedorder dated 22-11-2007. 8. Shri P. Diwakar learned Senior Counsel for the appellant could not demonstrate as to how the appellant's seniority would suffer adversely on his transfer from district Rajnandgaon to district Durg. Neither with the writ petition nor with the writ appeal any seniority list/gradation tist of the teachers at Rajnandgaon and Durg was filed. 9. We, therefore, do not find any infirmity either in the impugned judgment whereby the appellant's wrlt petition was dismissed by the learned Single Judge or the order dated 21-09- 2007/15-10-2007 impugned in the writ petition whereby the appellant was transferred from district Rajnandgaon to district Durg. Jyo 10. The writ appeal, therefore, is liable to be dismlssed and is hereby dismissed. 11. Consequently, the interim order dated 02-01-2008 stands vacated automatically, 12. No order as to costs. Sd/- Chief Justice Sd/- L.C. Bhadoo Judge ij.