l^- fc<^^ r1 is!^^ y^""\ \> h.s' :^ • " ' ?^' -.kS1"".? '^^1'" ^'<oc~", ... ..>0.»-'" IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ,(C.G.-) WRIT_PETITIQN (Sl N0. 3to' OF 2011 PETLTIQNER / Jethuram Dhruv, S/o Late Budhuram Dhruv, aged 42 years, R/o Santmata Karma Ward, Bhathapara, District Raipur (C.G.) VERSUS RESPONDENTS / 1, ^2. ^ State of Chtiattisgarh, Through: the Secretar/, Department of School Education, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, Baloda Bazar, District Raipur (C.G.) Charge Officer and Tahsildar, Bhathapara, District Raipur (C.G.) Joint Director, Government of India, Ministry of Home Affairs, Directorate of Census Operations M.P. & C.G. Jangadna Bhawan, Jail Road, Bhopal(M.P.) ^ 5. Block Education Officer, .- Bhathapara, District Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER As given in the cause title. 2. _ PARTICULARS OF THE RESPONDENTS As given in the cause title. 3. PARTICULARS OF THE CAUSE/ORDER AGAINST _WHICH THE_PETLTIQN IS MADE l''!t fR^SS'f HIGH CQURT OF CHHATTISGARH AT BILASPUR Sinale Bench: Hon'ble Shri Justice Prashant Kumar Mishra Writ Petition (S.) No.561 of 2011 Petitioner Respondents versus Jethuram Dhruv State ofChhattisgarh and others Present: Shri Prakash Mishra,counsel for the petitioner. Shri Sushil Dubey, Government Advocate for the State/respondents No.1,2,3and5. Writ Petition under Article 226 of the Constitution of India ORAL ORDER (Passed on 31stJanuary, 2011) Heard on admission. 2. Challenge in this writ petition is to the order dated 14-7-2010 (Annexure P-1) passed by respondent No.2 transferring the petitioner from Government Middle School, Tarenga, Block Bhathapara, Education District Baloda Bazar to Government Higher Secondary School, Mopka, .Block Bhathapara, Education District Baloda Bazar. 3. Learned counsel appearing for the petitioner would submit that the petitioner's substantive post is Upper Division Teacher, therefore, the petitioner has been assigned duties of Praganak in Census 2011 under the orders passed by respondent Na3 Charge Officer and Tahsildar, Bhathapara. He would further submit that by order dated 5-6-2010 (Annexure P-3), the General Administration ^ ni~Ll .l'.iL;'Sil.~-t^a^.33^is&'3^^i^ ^ ^'"•^, ^ Department of the Government of Chhattisgarh has issued a direction to the effect that the officers engaged in the census work, including Praganak, shall not be transferred without consent of the District Census Officer till 31-3-201 1. He also submits that bunch of similar writ petitions have been decided by this Court, one of them being Writ Petition (S.) No.5180/2010, vide order dated 5-10-2010 (Annexure P-4), quashing the similar transfer orders of the employees working under the Principal/District Census Officer. 4. On perusal of the documents annexed with the writ petition and the order passed by this Court vide Annexure P-4 in similar writ petitions, this Court deems it proper to allow this writ petition in similar terms. 5. Consequently, the instant writ petition is allowed. The impugned transfer order insofar as it relates to the petitioner is quashed. 6. Since this order is passed at the admission stage, it is observed that if the case of the petitioner is distinguishable on any ground, the State/respondents would be at liberty to move an application for modification/clarification of the order. ^_—— sd/?- p^shantKun^ judge Mteln"a Gopal