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2025:CGHC:8446 NAFR HIGH COURT of CHHATTISGARH, BILASPUR WPS
No.
491
of 20
25
• Anil Kumar Tembhekar S/o Late Dayal Das Tembhekar Aged About 57 Years Posted As Principal (Class -II) Industrial Training Instutute Durg District - Durg (C.G.) ------Petitioner VERSUS
1. State of Chhattisgarh through the Secretary Skill Development Technical Education and Employment Department Mantralaya Mahanadi Bhawan Naya Raipur District - Raipur (C.G.)
2. Under Secretary Skill Development Technical Education and Employment Department Mantralaya Mahanadi Bhawan Naya Raipur District - Raipur (C.G.)
3. Prateek Kumar Sahu Posted as Principal (Class-II) Industrial Training Institute Antagarh District - Kanker (C.G.)
-------Respondents
For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondent-State: Mr. Ajit Singh, Govt. Advocate For Respondent No. 3 : Mrs. Astha Shukla, Advocate
Hon'ble Shri
Amitendra Kishore Prasad
, Judg
e
ORDER 18/02/2025
1. Heard.
2. By way of this writ petition, petitioner has sought following reliefs.
“10.1 That, this Hon’ble Court may kindly be pleased to set aside/ quash the impugned transfer order dated 06.01.2025 (Annex. P/1) issued by respondent Under Secretary, Skill Development,Technical
Education
and Employment Department in respect of the petitioner. 10.2 To kindly grant any other writ/ writs,
order/ orders, relief/ reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 including awarding of the costs to the petitioner.”
3.
Learned counsel for petitioner submits that petitioner was initially appointed as Training Officer and posted at Industrial Training Institute Bhilai in the year 1992. He is presently posted as Principal (Class II) at Industrial Training Institute, Durg. Vide order dated 31.07.1998 issued by Respondent No. 2, petitioner was transferred from Bhilai to Ambikapur. Thereafter vide order dated 29.06.2006, petitioner was transferred from Industrial Training Institute Ambikapur to Industrial Training Institute Raipur. Now vide impugned order dated 06.01.2025, petitioner is transferred from Industrial Training Institute, Durg to Industrial Training Institute, Antagarh Dist. Kanker. He submits that petitioner earlier was posted for considerable period in core scheduled area and again he is transferred in the core scheduled area which is in contravention of the Circular issued by the State Government dated 03.06.2015. He submits that petitioner is aged about 57 years is having a daughter who is a 1st year student at ICFAI University Raipur and a mother aged about 85 years who is suffering from heart disease and taking treatment at MMI Narayana Superspeciality Hospital, Raipur. Petitioner has also submitted a representation vide Annexure P-8 dated 08.01.2025, however, no decision has been taken till date. Therefore, direction be issued to respondents authorities to consider and decide the representation within stipulated time. 4. Learned State counsel submits that the impugned order of transfer appears to have been issued based on the administrative exigency as along with petitioner 27 other similar situated employees have been transferred. However, he submits that the representation as submitted by petitioner dated 08.01.2025 will be considered in accordance with law. 3 / 3
5. At this stage, learned counsel for petitioner submits that liberty may be granted to petitioner to make fresh representation before the concerned authorities and the the authorities may be directed to decide the representation within specific time frame. 6. Considered the submission of learned counsel for the respective parties, in particular the submission of learned counsel for petitioner, petitioner is at liberty to submit fresh representation within a period of 10 days raising his grievance as raised in this writ petition before concerned authority(ies). In the event petitioner submits representation, the concerned authorities shall consider and decide the same in accordance with law in pragmatic manner, expeditiously preferably within a further period of 30 days from the date of receipt of representation. 7.
Till decision on the representation, the impugned order dated 06.01.2025, so far as it relates to petitioner, shall be kept in abeyance. 8. With the aforesaid observation and direction, this writ petition stands
disposed off. Sd/- (Amitendra Kishore Prasad) Judge pwn