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2025 DAILYLAW 41374 (CHH)

SHYAM LAL SHORI v. STATE OF CHHATTISGARH

WPS/6908/2024 · 2025-01-21

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:3629 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6908 of 2024 1 - Shyam Lal Shori S/o Late Tiju Ram Shori Aged About 61 Years R/o Nivedita Nivas, Railway Crossing Anwarabhata, Tahsil Dantewada, District- Dantewada (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, School Education Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - The Collector And Ex-Officio District Mission Director, Rajiv Gandhi Shiksha Mission, Dakshin Bastar, District- Dantewada, C.G. 3 - Kanya Ashram Shala Samlur Through The Incharge Head Master, Block Gidam, District- Dantewada, C.G. 4 - Harish Gautam Head Master, District Mission Co-Ordinator, Samagra Shiksha, District- Dantewada, C.G. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Kashish Saluja, Advocate For State/Respondents No.1 and 3 : Ms. Shailja Shukla, Dy. Government Advocate For Respondent No.2 : Ms. Deblina Maity, Advocate Digitally signed by RAVI SHANKAR MANDAVI 2 For Respondent No.4 : Mr. Ramsajivan, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 21/01/2025 1. Heard Mr. Kashish Saluja, learned counsel for the petitioner. Also heard Ms. Shailja Shukla, learned Dy. Government Advocate for the State/respondent No.1 and 3, Ms. Deblina Maity, learned counsel for respondent No.2 and Mr. Ramsajivan, learned counsel for respondent No.4. 2. At the very outset, learned counsel for the petitioner submits that the impugned transfer order 04.09.2024 (Annexure P/1) has been passed against the petitioner, however the place of posting shown in the said order is incorrect and the petitioner is not working in the place where he has been described to be posted. The order of posting to new transferred place is also incorrect, as such, the impugned transfer order in respect of petitioner is liable to be quashed on these ground alone. Learned counsel for the petitioner has shown a memo dated 27.11.2024, in which the Dy. Director, Directorate of Public Institution has issued a memo stating that the original place of posting is not as stated in the transfer order, he is originally posted at Government Girls Hostel School, Samlur, Block Geedam, District Dantewada, as such, the order of transfer is required to be corrected. 3 3. Learned State counsel objected the same stating that according to her instruction there is no such proposal made by the State. 4. Considering the aforesaid aspect of the matter, the impugned transfer order in respect of the petitioner is hereby quashed. The respondent authorities are directed to pass appropriate order in respect of the petitioner within a stipulated period. 5. The order of status quo granted earlier shall continue till fresh transfer order is being passed. 6. Accordingly, with this observation and direction this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi