Single Bench IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) WRIT PETITIOMS) N05033r/201 1, a» WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA “K PETITIONER: R.V.Dubey, son of Shri Ramasre Dubey, aged about 56 years, working as Account at DIET (District Institute \& for Educational Training), Bemetara, Disu‘ict Durg, Chhattisgarh. versus Resgondents 1f State of Chhattisgarh, through ‘ Secretary, School Education Department, Dau Kalyan Singh V. Bhawan, Raipur, Chhattisgarh. 2f Director, Public Instructions, Raipur, i g Chhattisgarh. §§°;"‘ \,y 37 ’District Education Officer, Bemetara, Q‘Qg‘ab". Education District Bemetara, District Durg, Chhattisgarh. 4":AVCollector, Durg, District Durg, Chhattisgarh. @L FHGH COURT OF CHHATTISGARH AT RYLASPUR WRIT PETITION (S) No. 5057 0f2011 R,V.Dubey. VER SI IS RESPONDENTS : State 9f Chhanisgarh £5 Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUI‘ION OF INDIA SB: Hon’hle Shri Satish K. Agnihotri. J. ’ Present: Shri C.J.K.Ra0:_ Advacate for the petitioner. Shn' S.K.Mi$ln'a, Panel Lavwér for me State/respondents. 0 R D E R (E’assed on 20m day of Saptember, 261 1) L Challenge in this peiition is to the order da‘ied 15.07.2011 (Amemlre 13/1)? whereby, the petitioner. working as Accountant at District Institute of Education and Training, Bemetara, has been iransferred to Government High School. Pratappur, Nawagarh, on administrative grounds. . Shri Majumdan learned counsel appearing for the petitioner snbmits that the imprtgred transfer order is violative of the circular dated 4.06.1996 read with cireuiar dated 25.08.2004, as the petitioner is the Regional General Secretary of the Chhattisgarh Lipik. Vargiya Shashkiya Karmachari Sangh. Under the circular dated 24061996, it is provided that the office bearers of the recognized employee’s union viz. President and Secretary, shall not be transferred for three years when they are holding the post. The petitioner was nominated as State General Secretary vide order dated 30032011 (Annemre P/2). Thus, the impugned transfer order is bad in law and deserves to be quashed . Shri Mishra, learned counsel appearing for the State/respondents fairly submit. that under the circular dated 24.061996 read with circular 2 x3 datad 25,042008: the petitoiner could not have been transfened §om his preSent place of posting before completion of three years after being nomiziated as State General Secretary" 4‘ In View ofthe clear and categorical submission made by learned State counsel and in light ofthe circular dated 24.06. 1996 read with circular dated 25.04.2008, since the petitioner has not completed three years on being nominated as State General Secretary on 30.03.2011 (Annexure 1V2), the impugned transfer order dated 15.07.2011 (Amexure P/l), in respect ofthe petitioner, is quashed. :dr Accordingly; the writ. petition is allowed with no order asto coste. Sd/- Satish K. Agnihotri Judge ' Amit *k