SINGLE BENCH Ct$ <\QO\ IN AT8U.ASPUR W.P.No.^3^^2005 PietiSofssr y ^ .i<^' ^-^e/ s/w <°: OV.r« -%^ ..••'.^.'/I.^-' ^y <^yy ^v^sf\./ 1) Janaldal Dewangan, Slo- L^e Shri DasFOoramDewangan,Agedat)6trt59years, Presentty working as Assisfant Teacher, Primaiy School, Sonpur, TahsN- Patan, 6istriet - Durg (CG), Rfo Village Patan, Tahsil, Patan, Oistrict- Durg (CG) Versus State of Chhattisgarti - Ttiiouah tbe SeGr^ary, Schoot Educatfon Depa^nent, DKS Bhawan, Raipur (C.G.) fi,^ .•."* s>"" r-^ '"^'^.ir^ _ _ _ , : ^:. _..;.. _ '..2. c\' ~ ^ ^2) The Collector Durg, District- Duig (CG). :'BU** ' ' :: . •• ; . '• ^^s^ ^3) TheC)istrietEdticationC»icefrDurg(C(3) iil XI-HC-78 \i-i;T|^liyiri^;t»TTl'<l<ls,f6loi<tiy . . .^.P^o, ^-^5^/2-^oS'. tfmsf ^Ht^ •^"J-"VAU"- i-^-^—^ ^200 311^91iracp('j<i(gi«) 3II^»I?ilft«li* awaii^i**)!* s^iTWttR" •»i^w 07.10.2005 Shri P. Diwakai', Sr| counsel for the petitioner. | Shri Paakaj Shrivas|t advance copy. Heard. The petitioner, who Primary School, Sonpiir, '} been transferred from S( TehsU Batod, a place abo| place of posting,has chall| dated 31.8.2005 (Annexm-t The submission of U that the petitioner is shor1( left for his rettrement. H( been posted in place of fl| the wtfe of the petitioner being hospitalized in Secl major operation is to be petitioner submits fhat the present plaee of posti .Balod, then it wiU be difiici cbl'lltci'SI'l 11*ld)"ifls'<3 '<&t^ii 1 iltSll^HSII^T Advocate with Shri P.R. Patankar, ava, Panel Lawyer for &e State on is working as Assistant Teacher in 'ehsU Patan, Distric£-Durgand has inpur to Middle School, Latabod, \it 70 knis away from fhe present inged the validity of transfer order li-p/1). . ^amed counsel for (he petitioner is ly to retire and only three years are further submits that no one has ^e petitioner. He also submits that suifering from cancer and she is jar - 1 Hospital, Bhilal, where her [erformed. L^amed counsel for fhe illai is about 28 Knis from Patan i.e. ^ig and if he 1s compeUed to go to iblt for him to take care of his wife. Bhtlai B:i :aS XI-HC-78 imvnWTTSS 'dv^'ilWvW. u-rflwifi, firtKiy . .^&y.s.y.^i;?:/^?^ W^200 sH^iwR'fi* nsffsiT^riR^iw 3lI^lRro(yitgct«) princ^pl worktn; It is a settled particular place and for his retention or postinj the transfer is an incideri done on tfae admtnistFativ^ The personal dtfficu] the orders oftransfer byl srouads to be considered 1 has always to pay his dif&culties of his employ that the employee may Uvi exceUent service to the em is one of fhe unportant cor In fhe facts and circ court is not interfering direction is being issued i the petitioner may file a concemed authority alonj raistng all his grievances period of 3. weeks from t along with copyi of this op .filed before the concemed shall dispose df the sau atnd <pi<il'»<!l»tiiioYfffa'cl'tluitsit ^aiRl^ail^CT ple of law that no one posted at a ng on a transferable post can clatm ; in that particular place for ever as ce of service and the same can be exigency ofthe department. ties are not grounds for interferin^ a coLtrt of law but fhese are the by the eiaployer and fhe eiaployer attention towards fhe personal to look after such dtfficulties, so ; Gomfbrtabty and may rertder aji ployer. The welfare 6f the employee isiderations for fhe employer. iimstances ofthe case, tfaough this with ftie fransfer orders but a :o the petitioner that if so advised, deteuled representation before fhe ;with certl&ed copy of this order, and personal difBculties wifhin a iday and if such a representation ler and the copy ofwrit petition is laufhority, the concemed authority |e as early as possible preferably 'N M i.HC-7B <;lw|.-Ol.yijri^,U!-^'(i<i<»,i(6i«i'{iy( ^,.^, k),£^^as5/^, 3ff^CT^(l?iy<i) 3ii^ii'RrR't aaiiaii^Tani® ^ S^tTaR'HRd SII^T -3' within a period of 5 weet the representation. In ,fhe peculiar f( meaa.while, tfae impugne^ sKall be kept tn abeyance With the aforesaidl finally disposed of. Certilied copy as peil <blo[ri<il'l *ll*ld)"*t" fa'cl xluitsi\ 4?3ri^i3irt»i " ;s from fhe date of;f!ling/receipt of icts and circumstances, in the order of transfer df the petitioner 'or a period of 8 weeks. observatkans, the petition stands rules. Sd/- Sunil KumarSinha Judge V W/l