^;,f.? ^' WRIT PETITION (S) No. 379 of2008 Gauri Shankar Venna, S/o years, preseatly -hri B.P.Verma, aaed workiag as Kashei'par-a, Sakti, Disttict Jatijgu-Cfaatapa (CG) : 1. State of Cfahattisearh, Departinent of Sehooi i.K.S. 2. Special Secretafv, Depa; •*/ -^ -T 3. District Education OfBcer. Disfcriet ipur (C.G.) sfcriet Ja sistrict J Champa (CG) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTn'm'ION OF INDIA SB: Hon'Ue Shri Sateh K. Agnihotri, J. liri S.K.Mishra, Panel Lawyer (Passed on 22 day of Januar^'; Leamed counsel appearing fca' the petitioner submits (hat the petitioner, working as Assistant Teacher in Govetnment Middle School, Kaseipara, •l^^t msir-' >chool- SurtaSnar, Bloclc Baloda. bv order dated 21.09.2007 ('Aflnexure P/l). Leamed couasei suhmits tbat wfaen 'the petitioner approaehed tfae aew place ofposting, the Block Education QfBcer, Baloda, wrote to tfae istrict Education Ofiicer. District Janigir-C'fa no post is available in the place where the petitioner has been transfeired on This is shocking that Ihe Govemment does not easure before p^sing fhe order as to whether vacancy is available or not tfaoueh it is temied as the traiisfer on admimstrative younds. TTie petitioner has not ehallenged ''.s:":^\SSi '"•^^^'<;^^^'?^^'1i^3^®^^?i^^%^!^^^^^^^^¥^^3^!S^S^S^^^i!;^^i^^^"^^3;^<?3^^K^^^^tiff%i^^i??^^^c^^^e^ sswsa ^- Oftj^r / the validity of the transfer order on any^ pennissible grounds 1.9. •/* , - , . ... malafide, violation ofrules and regulations or lack of incompetence of the olEce passing the transfer order. Thus, the petitions is not maintainable. However, having reeard to the facts and cireiimstances ofthe case. fhe aufhorities are directed to post the petitioner at a pli post of Assistant Teacher is available. preferablv within periixl 4. In view ofthe foregoins, fhe petition stands diaposed of. Sd/- Satish K. Agnihotri Judge Iff: Ajnit t-:- f-^3 ^i^i 1