ffo R^^^.^ '^^7 &^^K^S'::K G -^' fogl. ^' BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0._^ 2^, 2011 PETITIONER RESPONDENTS VERSUS 1- / / ,^y /y'/ ^ r^ 2- 3- 4- ^^ Chandra Bhan Tiwari S/o Shri N.N. Tiwari Aged about 58 years, R/o Lormi, Bilaspur, C.G. Posted as Head Master, Govt. Middle School Bharatpur, Block Lormi, District Bilaspur, C.G. State of Chhattisgarh Through the Secretary, Department of Education D.K.S. Bhawan, Mantralaya, Raipur, C.G. Collector District Bilaspur (C.G.) District Education Officer Bilaspur (C.G.) BIock Education Officer Lormi, District Bilaspur (C.G.) ^' WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF ^<iz\ MANDAMOUS, CERTITIORAY, OR DIRECTION OF LIKE NATURE ^\ PETITIONER RESPONDENTS HK3H COURTOF CHMATnSGARH: BILASPUR WRIT PETITION (S) N0.6902 OF 2011 Chandra Bhan Tiwari Versi® StateofChhattisgarh & Others (Writ Pefition under Artiele 226 ofthe Constitutionof India) Single Bench : Hon'ble Shri Satteh K. ^nihotri. J. Present:- Shri Hemant K^harwani, Advocate for the petitioner. Shri P.K.Bhaduri, PanehLawyerfortheState. ORDER (Passed on this 23m day of Nwember, 2011) 1. Chgtienge in this petition is to the order dated 04.11.2011 (Annexure P-1), p^sed by the Btock Education OffiGW, whereby, the petttioner was directed to join previous ^ace of posfing on the ground that th<? transfer order of the petittoner was declar^d as null and void. 2. By order dated 15.07.2011, the headmasteffs alongv^th other were transferred from one pls^e to anothei; irface. t^ the Collectty. HISKpUF. Later on, it was found that there was a ban on transfer of Class-l and Clas&"ll emptoyees and the petjtioner, being a Class-11 employee. wos wrongly transferred by the Coltector. as the Collecter was not competent to transfer the Cls^s-11 employee durtag the ban peFiod, as per the transfer policy dated 13.06.2011. The similar dteputes came up before this Court, whteh was approved (See:W.P.(S) No.4416 of 2011 (Mikhafl Lakda v. State of ChhaWsgarti & Otl^fs). The StateGovemmerrt by order dated 09.08.2011. caneeled the transfeFS of Class-H emptoyee® including the headmaster, who was deelared as Class-11 employees eariier and thiswas ap|woved hy thisCourt also in some ofthe mattere. 3. By the impugned order, onee the oiiginal transfer order was declared a? bad. the petitioner was asked to report back to tho original place i.e. Middle School Shivtarai, wherefrom, he was transferred as headmaster to MiddleSchool Bharatpur. There is no infirmity in this ordCT. as the initial order was bad in law and void. ThiB. there is no merit in this petition. Accordingly, thewrit petition is djsmissed. Sd/- SatishK.Agnihotri Judge Ashok