^£^i?k '^ f!" ' ^ ^•': ^kh ^s'ssf» I? JisRS^ a-- HIGH C»T_TRTOF GHHATTISGARH AT BILASPXJR PETITIONER Y»ittPetitionfS) No. 1319. Tarachand Sahu Son of Dauram Sahu, aged about 56 years, working as Accountant, in the ofBce of Blook Education QfRcer, Safcti, District Janjgir Champa (CG). VER.SUS RESPQNDENTS -1. State ofChhattisgarh Throitgfethe Secretary. Department of School Education, DKS Bhawan, Raipur (CG). 2. The Special Secretary, Departmeiit of School Education, DKS Bhawan, Raipur (CG). 3- The Director, Piiblic liKtroctions, Directorate, Raipur (CG). 4. The District Eduuaiion Officer Janjgir, District Jaiijgnr Champa (CG). 5. V.R. Bharadwaj, Aucountant, Govt Higher Seconaary School, Masaniyakala, DLstrict Janjgir Chanya (CG). (WRTT PETmON TJNDER ARTTCI.E 226 OF THE CONSTTTtmON OF INDIA) CSB: Efon'Me Mr. Satish K. Asailhotri, J.') Present : Shri V.K. Pandey, Advocate forthe petitioner. Shri Satish Gupta, GovL Advocate for fhe State. ORAI-ORDER (Passed on 29th ofF<i»maiy,20( ) 1. The petitioner, by order dated 21.09.2007 (Annexiire P/l) was transferred as Accountant from the ofEce of Block EAication Officer, Sakti, District Janjgir Champa, to Govemment Higher Secondary School, Kharod; District Janjgir Charapa (CG). 2. Leanied counse! appearing for the petitioner submftg that there is no vacancy at new place ofpostiag as one Accountant is already working there. 3. It appeare that, the petitioner has made representation also to the District Education Officer, District Janjgir Champa (CG) on 18.10.2007 (Annexiire P/4). On the basis of representation made by the petitioner, the Digtrict Education QfBcer, Jaiijgir Champa, had sent communication to the Director, Piiblic Inshiictions, Raipiir, on 10.12.2005 (Annesure P/5), to caiice! his transfer order and pass appropriate order. 4. Learaed counsel furtfaer submits that despite tfae reconimendatiou, no orderhas yet been passed. 5. This Court, in exercise ofits extrsQrdinaryjurisdietion under Article 226 of the Constitirtion of India, cannot direct the State Govemment to accept the recommendation of District Edt'cafion Officer, Jatijgir sy ^ i ^ %, Sahu BB: 6. ,/^T. Champa. TTais, tius petition is devoid ofmerit However, in the facts situation of the case, Ifae petitioner is at liberty to move appropriate autfaority for passing the appropriate order, ifso advised. With regard to payment of salary to the petitioner, the petitioner niay make separate claim. In view oflhe foregoing, tius petition deserves to be and is accordmgiy dismissed. No order asto costs. Sd/- Satish K. Agnihotri Judge