^ IN THE fflGH C^URT OF JUDICATURE. AT-BILASPURfC.G.) WRITPETITION N0. A-~( 3 ^ OF 2004 BETWEEN PETITIONER ,\(5V&"' ^^^ ^ ..••^•"\.-t ^>y^' ^•" ..•••' ^ AKHILESHWARNATH YOGI AGED-51YEARS, SON OF S'HRI JANKI NATH YOGI POSTED AS - ASSISTANT TEACHER, AT - GOVT. PRIMARY SCHOOL, GHATMADWA, BLOCK- KASDOL, DISTOICT - RAIPUR (C.G.) R/0 GHATMADWA, BLOCK - KASDOL, DISTRICT - RAIPUR (C.G.) VERSUS RESPONDENTS <"'.-->>?. ^^•i, ^ l' ^" STATE OF CHHATTISGARH THROUGH - THE SECRETARY SCHOOL EDUCATION DEPT. MANTRALAY, D.K.S. BHAWAN, ~ RAIPUR. THE DISTRICT EDUCATION OFFICER, AT-RAIPUR(C.G.) BLOCK EDUCATION OFFICER, AT - KASDOL, DISTT. - RAIPUR (C.G.) WRIT PETITION UNDER ARTICLE- 226 & 227 OF CONSTTTUTION OF INDIA FOR ISSUANCE QILWRIT m THE NATURE OF MANDAMUS, PROHTBITION, SUITABLE DIRECTION OR DIRECTIONS. ORDER OR ORDERS XI-HC—78 ^st"<<i-q!(a'4,Y®Til-Hfls,ftdl>ytj,< ..(.AJ..^:^..:.^.^!^..... sn^i'qgq? ('^3^1) 3(1^1 ^BT ft-ji°ii ^lf 311^1 sf)N 'pwwafci sii^i 14.01^005:- Shri R.K.KesaRwani learned^ Shri Akhil Agrawal,leamed P Heard. (iQynselforthepeUtioner. .. tbrtheStete/respohdent The petitioner by this inslaitt order dated 13.08.2(X)4^of Annexur^ transferred from Govt. Priniary S^ PrimarySchpol Beladula, Bilaigarh] is without any admjnistrative exig^ncy teacher should be posted for e\<ery Ghatmadwa but this ratio has not | petitipner only one Shiksha Karmij counser for the petitioner furttier| representation on 20.09.2004 for j however, his represerTtation has not | On the other hand leamed from the perysal of thetransfer ord^ but other teachers have also beer) and the transfer is an incidence of ^e Apex Court has time and again help the matters of transfer unless it is done malafidely. In thisregard, byUie State counsel. <*l<lli-f<fl-t fflIRlf 4 'fyA tf^^IT i79(fitII3S^I ' petition has challenged the transfer ^ P/1 bywhich the petitloner has been ihOQl, GHatmadwa, Kasdol to Goyt. jonthe^roundthattheorcleroftranster and as per Shifcsha Sanfiita one (ery 45 students in Prjmary School, been observed as after transfer of frie [remains in the said school. Learned submits that the petitioner made a lcaneellation of his transfer order but Ibeeridecided. Glounsel forthe respondent submits that i^r it is clear that not only Ihe petitioner transferred on administi-ative ground ^ervice, it can not b& challenged as the thatttie Courtshouldhotjnterfereih ihownthatispTohibitetforithasbeen 20p3voIume4SCG 3104is reliedupon XI-HC—78 's^ ^m<n <{, Qxil^' re , Rcii-Hy. , ;'. to-/3- /vo,;e<'^^ •€.. ^ (?T'<piq? ('^f^SR'T) ST^I qa R-li»b '^n 3^?T g)fc( \.." I, -Y^a^ t^IIW ^fCT an^t ^. - Consiclering thie faete and opinion that the instant petition dismissedanditisaccordingtydisn^issed (tireumstances of tti&^case, lam (tf the Itias fto merits and it deserveS te be +l<jtcl<il'< THIRff Tf fe^ ifSRpT ^siBpTsn^i ;'; Sd/- / DhirendraMishra Judge F