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2025 DAILYLAW 5707 (CHH)

PRAVEEN KUMAR KHALKHO v. STATE OF CHHATTISGARH

WPS/750/2025 · 2025-01-28

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:5018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 750 of 2025 1 - Praveen Kumar Khalkho S/o Pradeep Kumar Khalko Aged About 33 Years Presently Working As Lecturer (L.B.) In Subject English At Government Girls Higher Secondary School, Sukma, Block Sukma, District Sukma Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Under Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - District Education Officer Sukma, District Sukma Chhattisgarh 4 - Block Education Officer Sukma, District Sukma Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Govind Prasad Dewangan, Advocate For State/Respondent(s) : Mr. Abhishek Gupta, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.05 17:02:14 +0530 2 Order on Board 28/01/2025 1. Heard Mr. Govind Prasad Dewangan, learned counsel for the petitioner as well as Mr. Abhishek Gupta, learned Panel Lawyer for the State/respondent/s. 2. Since the matter is heard and decided finally, therefore, I.A. No.02/2025, which is an application for exemption from filing typed copy of Annexure-P/2 is allowed. 3. By way of this writ petition, the petitioner have prayed for following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 18.01.2025 (Annexure-P/1) issued by the respondent no.1 i.e. The Under Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) in respect of the petitioner. This Hon'ble Court may kindly further be pleased to direct the respondents to allow the petitioner to work at Government Girls Higher Secondary School, Sukma, Block Sukma, District Sukma (C.G.) 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3 4. Learned counsel for the petitioner submits that he has been transferred from Government Girls Higher Secondary School, Sukma, District Sukma, where he is posted as Lecturer (l.B.) in Subject English, however in the transfer order he has been shown to be a lecturer of Government Higher Secondary School, Sukma to High School, Pota Cabin Gadirass Block Sukma, District Sukma. He being lecturer required to be transferred to any Higher Secondary School, but he has been transferred to High School, as such the transferred order is not in accordance with law. On the other hand learned counsel for the respondent submits that it will not make any difference as the lecturers are also posted in the higher secondary school as such no case is made out for interference in the impugned transfer order. 5. Considering the fact that the no one has been transferred in place of the petitioner, purely as an interim measure, the effect and operation of impugned transfer order dated 18.01.2025 (Annexure P/1) is hereby stayed. However the petitioner is directed to give his joining by 10th of March, 2025 positively. The respondents are directed not to take any coercive steps till 9th of March, 2025. 6. Accordingly, with the aforesaid direction this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi