SINGLEBENCH BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No.^fi"^0 /2011 PETITIONER Jaishankar Das Burman S/o Shri Khorbahra Das Burman, aged about 49 years, Head Master Primary School, Mudhipar, Khairagarh District Rajnandgaon (C.G.) VERSUS RESPONDENTS v .<.-^. ,A\^; ^^^^^/ ^ ^^ • ^^ 2. 3. State of Chhattisgarh, Through: the Secretary, School Education Department, Department, D.K.S. Bhawan, Raipur (C.G.) Collector, Rajnandgaon, Djstrict Rajnandgaon (C.G.) District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) WRIT PETITiON UNDER ARTICLE 226 OF THE CONSTITUTION OFINDIA. PETiTiONER RESPONDENTS HiGH COURT OF CHHATTISGARH : BILASPUR WRIT PETiTION (S) No. 6070 OF 2011 Jaishankar Das Burman Versus State of Chhattisgarh & Others (Writ Petition under Artide 226 of the Constitution of indla) Slngie Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Basant Dewanpan, Advocate for the petitioner. Shri Ajit Singh, Panel Lawyer for the State. sshoK ORDER (Passed on thls 13thdayof October, 2011) The petjtjoner Impugns the order dated 15th July, 2011 (Annexure P-1), whereby, the petitioner, working as Headmaster at Primary Schooi tviudhjpar, Khairagarh, has been transferred to Primary School Charbhatha, Chhuriya, on the ground that the order was not passed by a competent authority i.e. the CoIJector, in accordance wth the poiicy decision dated 13th June, 2011. It appears that the transfer order has -been approved by the Coiiector, though the same has been passed by the District Education Officer, Rajnandgaon. The petitioner has chosen to approach this Court after more than two and ha!f months, thus, the importance of questioning the transfer order does not survive, as Jt appears that the transfer has been chalienged on account of the fact that in some case^, the transfer jssued by non-cosTipetent officer, 'nas been canceited. ii the transfer order has been complied vvith, there is no question of reconsidering the vaiidity of the same. However, if It is stiil not complied with, the sanne shall not be given effect to and a fresh order may be passed. The transferis an inddence of service and the petitioner, in alj srsatters is not IJkely to suffer, if the petitioner has already accepted by joinsng the new piace of posting. Thus, at this stage, it is not proper to examine the legalsty and validity ofthe impugned transfer order. As a result, if the petltioner has aiready not been relieved, the transfer order dated 15th Juiy, 2011 (Annexure P-1) in respect ofthe petitioner, shali not be given effect to, until a fresh order is passed by the competent authority in pubiic interest and in administrative exigency. Accordingiy, the writ petltion disposed of. No order asto costs. Sd/- SatishK.Agnihotn Judge