Stngle B®nch IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. ^ ^ /2011 PETITIONER ^.v y &»•-' ^.^s'---. ^•^st^>^ ^'p^w k^^ .^ RESPONDENTS 1.- Hariram Gendre, S/o. Late Shri Am.ar Singh Gendre, Aged about 47 years, Occupation- Service, ftesently Posted as Upper Division Teacher in Middle School Chataud, Kurud, R/o. Ganeshpur, Post G- Jamgao via. Bhakhada, District Dhamtari (C.G.). VERSUS State of Chhattisgarh, Through the Secretary, School Education Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G.). The Collector, Dhamtari, District Dhamtari (C.G.) The Joint CoUector, Dhamtari, District Dhamtari (C.G.). The District Education Officer, Dhamtari, District Dhamtari (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 2. 3. 4r ^" r2^=- COURT OF CHHATT1SGARH AT BILASPUR WMT PETmON (-S) No. 4673 of2011 i u'raiuie State ofCUiattisgau-h & Otliers. WRIT PE'imON U'NDER ARTICLE 226 OF THE CONSTlTmiON OF LMDIA Hon'ble Sliri Satisfa K. Agnifaotri, J. Present: Shri Rajesh Kumar Sfaarma, Advocate for the petitioner. 3hri P.K.Bhaduri, Paael Lawyer for Ifae State/respondents. -tii (Passed on 16"' day ofAugust, 2011) 1. Challenge in this petition is to the order dated 15.07.2010 (Annexiire P/l) whereby, the petitioner, working a.s Upper Division Teacher at Middle School. Chataud. Kumd, has been transferred to Middle Schoo!, ASdadoagri, District Dhamtari amending the earlier order dated 15.07.2011 (Aanexure P/l), whereby the petitioner was School, Sargi, Magarload to Middle School, 2. Shri Shanna, learned counsel appeariiig for ihe petitioner submits tfaat before issuing impugned order dated 15.07.2010 (Annexure P/l) whereby ttie petitioner has been traiisferred to Akladongri, another order was also issued on the same date 15.07.2010 ('Aimexure P/2), whereby, ihe petitioner vvas transferred from Middle School, Sargi, Magarlod to Middle School, Chataud, Kumd. In compliance ofthe said order, the petitioner has alreadyjomed at Middle School, Chataud on 28.07.2011 (Amiexui'e P/3). Shri ShaiTna next submits that the impugned transfer order was issued on 15.07.2011 (Anaexure P/l), liowever, ths same was ser/ed upon fhe petitioner in the tirst vveek of August, 2011. Thus, after compliance of fhe earlier transfer order dated 15.07.2011 (Annexure P/2), the sanie cannot be amended or cancelled. 3. Leamed counsel appearing fbr the State/respondents fairly submits that if the petitioner has already complied with the order dated 15.07.2011 (Aauexure P/2), and joined at Middle School, Cfaataud, Kurud- the same caunot be anieaded. 4. It is well settled position of law that once Ihe traiisfer order is executed, the same cannot be cancelled or modified, The employer is always at liberty to pass aa order of traasfer and posting of an empioyee, keeping in view fhe administrative exigency and pubiic 5. Ia view of the foregoing, the impugned order dated 15.07.2011 (Annexure P/l) is quashed. However, liberty is reserved to the respoadenVemployer to pass an order, if so advised, in accordance law, keeping in view the public interest and administrative Sd/- SATISHK. ANGNIHORI Judge