^' 1. 2.- 3. 4: ^-\-/:*"<:^ '^.A-^'^^' .";-5.it<i»r" '^A^- ~^^~y- tA*'"*< ^aiac IN THE HIGH COURT OF CHHATTISGARH AT BELASPUR WRIT PETITION (s) No62>?2-/2011 }itaram Dohare, Aged about 46 years, S/o- Shri Ram Briksh, Presently working as Headmaster, Govt. Middle School- Chittajhor Pondi, Block-Baikunthpur, Distt.- Korea, C.G. Versus State ofChhattisgarh, Through-Secretary, Department of School Education D.K.S. Bhawan, Mantralaya, Raipur, C.G. Collector, Korea, Distt. Korea, C.G. District Education Officer, Korea, Distt. Korea. C.G. Smt. Sarswati Thakur, Aged about 56 years, W/o- Late Narbada Prasad, Presently workmg as Headmaster, Govt. Middle School- Chittajhor Pondi, Block-Baikunthpur, Distt.- Korea, C.G. PETITIONER RESPONDENTS WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WMTfS) IN THE NATURE OF CERTIORARI, MANDAMUS etc. .-B—_m _-. -._-.-.- .— PETiTIONER HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0. 5352 OF 2QJ1 Siteram Dohare RESPONDENTS Versus State of Chhattisgarh & Others ashok (Writ Petitlon under Article 226 of the Constitutlon of India) Slngie Bench : Hon'bie Shri Satish K. Agnihotri, J. Pressnt:- Shri Pankaj Shrivastava, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State. ORDER (Passed on this 12th day ofSeptember, 2011) 1. Leamed counsei appearing for the petitioner submits that the petltloner on being promoted by order dated 25.08.2011 (Annexure P-2), joined the new piace of posting and after executlon ofthe order, by the impugned order dated 30.08.2011 (Annexure P-1), the order dated 25.08.2011 was amended and the petitioner was posted to Government Mjddle School, Sakariya, Biock Khadgawan. 2. Shri Shrivastava, further submits that the proposltion of iaw is weli settied that once the transfer order has been executed, the same cannot be modified. However, the empioyer may pass a fresh order, if so advised, in administrative exigency and in pubiic interest. 3. !n view of foregoing, Shri Sao, iearned Govt. Advocate submits that the impugned amended order dated 30.08.2011 (Annexure P-1) was notjustand proper. 4. For the reasons mentioned hereinabove, the Impugned order dated 30.08.2011 (Annexure P-1) is quashed. However, liberiy is resen/ed to the State/respondents to pass a fresh order, if so advised, in accordance with iaw, in adminlstrative exigency and in pubiic interest. 5. Accbrdjngly, the writ petltion is aiiowed to the above extent. Sd/- SatishK.Agnihotrl Judge