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2025 DAILYLAW 42064 (CHH)

JAGRITI SHUKLA v. STATE OF CHHATTISGARH

WPS/9079/2023 · 2025-08-31

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:44493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9079 of 2023 1 - Jagriti Shukla W/o Shashank Shekhar Shukla Aged About 39 Years Presently Posted As Teacher (L.B.), Govt. Govt. Middle School, Block- Takhatpur, District- Bilaspur, C.G., R/o Patrakar Colony, Ring No. 2, Bilaspur, District : Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District- Raipur, Chhattisgarh, Chhattisgarh. 2 - Block Education Officer Dharamjaygarh, District : Raigarh, Chhattisgarh. 3 - District Education Officer District- Raigarh, Chhattisgarh. 4 - Principal Govt. Middle School Darridih, Block- Dharamjaygarh, District : Raigarh, Chhattisgarh. ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Abhyuday Tripathi, Advocate. For Respondent(s)/State : Mr. Ashutosh Shukla, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/09/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to quash/set aside the impugned order dated 23/06/2023 issued by the School Education Department as far as it concerns the petitioner, as they have wrongly amended the place of posting of the petitioner from Government Primary Middle School, Takhatpur, Block-Takhatpur, District-Bilaspur to Government Primary Middle School, Dharamjaygarh, District-Raigarh. [ANNEXURE P/1]. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent authority to provide the service book and the last pay certificate of the petitioner to the Govt. Middle School Block-Takhatpur, District-Bilaspur, so the salary of the petitioner can be sanctioned & also be directed to pay the salary for interregnum period along with arrears and interest. 10.3 The Hon'ble Court may kindly be pleased to direct 3 the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioners as per the facts & circumstance of the present case, in the ends of justice. ” 2. This petition has been preferred assailing the order dated 23.6.2023. It is pertinent to note that during the pendency of the present proceedings, no interim relief or order of stay has been granted by this Court in favour of the petitioner. Consequently, in the absence of any protective order and in view of the subsequent developments, the present petition has lost its efficacy and has rendered itself infructuous. 3. Learned counsel for the respondent/State does not dispute the same and has no objection to the petition being dismissed as infructuous. 4. In view of the above, and since nothing further survives for adjudication, the petition is dismissed as infructuous. 5. Learned counsel for the petitioner is granted liberty to file an appropriate representation before the competent authority, as it has been submitted on behalf of the petitioner that the impugned action is likely to have an adverse impact upon the service conditions of the petitioner, and therefore, the grievance deserves to be considered in accordance with law. 6. Accordingly, this Court deems it appropriate to direct the learned 4 counsel for the State to ensure that the competent authority shall take up the representation submitted by the petitioner and decide the same strictly in accordance with law, by passing a reasoned and speaking order, within a period of 30 days from the date of receipt of a certified copy of this order. 7. The petitioner is also directed to file detailed representation along with copy of this order within a period of 10 days. 8. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat