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2025 DAILYLAW 34087 (CHH)

ASHOK KUMAR NISHAD v. STATE OF CHHATTISGARH

WPS/7633/2025 · 2025-07-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:35638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7633 of 2025 1 - Ashok Kumar Nishad S/o Shri Usat Ram Nishad Aged About 49 Years Working As Teacher (L.B.)(T), Maths Subject At Government Middle School Taraibeda, Block- Keshkal, District- Kondagaon, C.G., R/o House No. 03, Ward No. 07, Borgaon, Post And Tehsil- Keshkal, District- Kondagaon, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education, Mantralya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur, C.G. 2 - Director Directorate Of Public Instructions, Indravati Bhawan, Nava Raipur, Atal Nagar, District- Raipur, C.G. 3 - The Collector Kondagaon, District- Kondagaon, C.G. 4 - Joint Director Education Division Bastar Jagdalpur, District - Bastar, C.G. 5 - Secretary District Rationalization Committee, District- Kondagaon, C.G. 6 - District Education Officer District- Kondagaon, C.G. 7 - Block Education Officer Block- Keshkal, District- Kondagaon, C.G. ... Respondent(s) For Petitioner(s) : Mr. Jitendra Nath Nande, Advocate For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 23.07.2025 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.25 12:32:01 +0530 2 1. The petitioner has filed the present writ petition claiming the following reliefs:- 2. Learned counsel for the petitioner would submit that the petitioner is suffering from Malignand neoplasm of border of tongue, since 2021 and his treatment is still continue. By the impugned transfer order dated 27.06.2025, he was being transferred from Keshkal, Dist- Kondagaon, to Dist- Sukma. By the impugned transfer he would face very difficulty in his treatment as his ailment is in advance stage. Raising his grievance, he made his representation on 18.06.2025 and 03.07.2025 (Annexure-P/10 & Annexure-P/11), yet his representation has not been considered by the authorities concerned. Therefore, considering the difficulty of the petitioner, the impugned transfer order may be quashed. 3. On the other hand, learned counsel appearing for the State opposes on merits of the case yet he would submit that if the petitioner would make a fresh representation to the Respondent No. 4, who pass the order of the petitioner, the authority will be consider the representation of the petitioner sympathetically within the reasonable time frame. 4. Considering the submissions made by learned counsel for the parties, considering the ailment of the petitioner, the petitioner is directed to make his fresh representation raising his grievances before the Respondent No. 4 within one week from the date of receipt of the copy of this order and if such representation is made, the Respondent No. 4 shall consider and decide the representation of the petitioner taking into considering his ailment and difficulty which he is facing of his ailment within three weeks from the date of receipt of the copy of this 3 order. Till then the transfer order of the petitioner dated 27.06.2025 (Annexure-P/1) shall be kept in abeyance. 5. With the aforesaid observation, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika