HIGH COURT OFCHHATTISGARH AT BIULSPUR WritADpeal No.351 of 2009 PETITIONER: APPELLANT Ramcharan Rathore, S/o Late Shri Budhau Ram Rathore, aged about 50 years, R/o Viltage and post Budgahan, Tahsii Baloda, Distf. Janjgir-Champa (CG) Versys RESPONDENTS: 2. State of Chhattisgarh, Through The Secretary Schooj Educatton Development, DKS Bhawan, Raipur, District Raipur (CG) District Education Officer, Janjgir, District Janjglr-Champa (CG) Present: Shri Ajay Barik, counsel for the appellant. Shri U.N.S. Deo, Govt. Advocate forthe State/respondents. Dlvision Bench: Hon'ble ShrS Dhirendra Mishra & Hon'ble ShrS R.N. Chandrakar. JJ. JUDGMENT (3-12-2009) The foilowing judgment of the Court was delivered by Dhirendra Mishra, J. 1. Thls writ appeal is directed aga'inst the order dated 17th September, 2QQ9 passed in W.P.(S) No.5073 of 2009 whereby the writ petition fited by the appeliant has been dismjssed. 2 From perusai of the impugned order, it appears that the appellant is a Head Master and was posted at Govt. Primary School Saraitai, District Janjgir- Champa. He was transferred from Balouda to Harinachakar, Jaijaipur, within the District of Janjgir-Champa. AF 1. f-5^ ^SS!^S^ t 3. Learned counsel for the appeltant submits thgt the appeilant was discharging his duties wlth the Election Commission in the General Election, 2008 of Legislative Assembiy and in such circumstances, he could not have been transferred by the State. 4 From perusal of the order of Annexure-A/1, it appears that no such ground was raised by the appellant in the Writ Petition (S) No.5073 of 2009, however, this ground was Saken by the appeilant jn Review Petitlon No.79/2009. Learned Single Judge, after considering the above ground taken by the appellant in the Review Pet'rtion, has rejected the same with an observatlon that the appellant was not engaged in the election work, but by the said order, he was asked to appear for tralnlng on 27th December, 2008 and the impugned transfer order was passed after a period of six months of completion of training. 5 Taking into consideratiqn the reasons assigned in the order passed in the Review Petition filed by the appellant, we find no substance in the instant appeal. The appeal deserves to be and is hereby dismissed. Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge Ban/e