SiNiai.E SESC^ '•nv ^; ^:^' ^ ^ © ^ c^ \ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.Gl W.P.(S)NO. J.^1-3 OF2011 PETITIONER ^.^ .i^f^' \^~ '' ^ ^' RESPONDENTS VERSUS /:1. ^ 2. 3. 4. 5. Selestin Kujur, aged about 41 years, S/o Fransis Kujur, Upper Division Teacher, Government Middle School Bauridand, Block Manendragarh, Distt. Korea (C.G.) State of Chhattisgarh Through The Secretary, Panchayat & Rural Development Department, D.K.S.Bhawan, Mantralaya, Raipur (C.G.) The Commissioner, Tribal Welfare Department, Raipur (C.G.) Chief Executive Officer, Jila Panchayat, Korea, Distt. Korea (C.G.) Chief Executive Officer, Janpad Panchayat, Manendragarh Distt. Korea (C.G.) Block Education Officer Block Manendragarh, Distt. Korea (C.G.) ^,v^"> WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUION OF INDIA 'J!ll^. w\t- ^.'iF.7-''?''?^1:'':^^"^'^^ HIGH COTIRT OF CHHA'mSGARH AT BHASPUR PETinONER WR1T PETmON (S)No. 1615 of2011 Selestin Kiijur. RESPONDE.NTS VBRStJS State ofChhattisgarh & Ofhers. g WKn'PETmQN UNDER ARTtCLE 22&227 OF THE CONSTITU'IION OF INDIA • ' SB; Hon'We Shri Satish K. Agirihotri, .1. Preseat: Shri K.S.Pawar; Advoeate for the petiti(mer. Shri Arun Sao, Govenament Advouate fur the Slale/respondenl No. 1.2and5. , . ... NonefortherespondentNo. 3 aad4, despite seTvioeofaotice. 'l (Passed oii Ol'1 day ofSqrtember, ITie grievance of the petitioner is tiiat the impugned order dated 14.01.2011 (Aanexiire P/l) traasfemng the petiticmer, working as Upper Division Teacher, at Middle School Baiffidaal to Middle Sehool, Harritola; on the ground of rationalization aiter declamii him surplus, is bad in law as the same has been passed bythe Chief Sxeciitive Qfficer ffbr short 'the CEO *), Jila Panohayat, Koria. Shri Pawar fiirther suhmits that the memo dated 19.05.2010 (Annexiu-e P/3), provides that for transferring of Primary and Pre- Middle School Teachera, who are declared surplus, there should be a cominittee at Janpad Level comprisiag of CEO, Jaiyad Panchayat as President, Bloek Education (Afficer as Member Secretary, Blook Resource Cocrdinator, ftajiv Gandfai Shiksha Missioa, and one representative of Nagar Palika/Nagar Nigun, as Manbers. . :' : • T .';; : 3. Notices were issued to the respondents on 25. notices have dulv been served upon the respondents resoondent No. 3 and 4 »'.& CEO, Jila PaBehavat, .2011 and tfae 3 and 4. The Kfflria aad CEO, Janpad Panchayat, Manendragarh, faave chasen not to appear befbrefheCourtnorhavefitedaavretum. - : lilL ...^li^i-_.„„__. 2-- Shri Sao, leamed Govemmeat Advocate apfeariag fw the State/ rrepondent No. 1, 4 and 5 submite Ifaat it appeare that the respondent No. 3 has not followed the giH<telmes as provided in memo dated 19.05.2010. This is for the respondeftf No. 3 and 4 to explain. Cta consideration of fhe submission made by leamed coimsel appearine for the petitioner aad respondent No. 1, 2 and 5, M well as on perosal ofthe documents, particutariy the impu^ied traasfer order, it appeara that necessary requisite committee as provided m memo dated 19.05.2010 was not constitiited and the respondeat No. 3, on his own has passed fhe impugned order dated 14.01.2011 (Anaexiire P/l) imder the garb of ratioaalization policy. Tlie contention of leamed counsel appearinR for fhe petitioner that Ifae transfer order was not passed by a cotnpeteitf Comniittee, as aforestated, merits acceptance. Thus, the inipitened transfer wder dated 14.01.2011 (Anneairs P./I) is bad in law, unjust. deswves to be and is accordmglv qiiasbed in respect of tfae Having regard to the facts sitaation ofthe case when it appears fhat the CEO, Jila Panchayat, Koriya, has driven the petitioaer to the Court by not complying witti the provisions of law and fitrther, he hsw nflit chosen to appear befbre this Court even aftCTinotice, it would be just and proper to iinpose a co.st ofRs. 5000/- payable bv the respondent No. 3 to the petitioner. Tbe said amount may be recovered fixun fhe respondeat No. 3. ; In view of the above, the \mt petition is allowed to the above exteirt. Sd/- SatishK-Agnihom Judge Aait jl|]i!!i