ABHISHEK KUMAR DANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner was appointed as Assistant Teacher by District Education Officer, Education District, Bemetara on 3-1-1995. THE petitioner was posted at Government Primary School, Mohbhattha, Block Bemetara, Education District, Durg, at the relevant time, when the impugned order dated 22-7-2007 (Annexure P-1), transferring the petitioner from Education District, Bemetara to the Education District, Durg at Primary School, Kotera, Block Daundilohra, was passed by the Deputy Collector for Collector (Revenue), District Durg.

(2.) LEARNED Counsel appearing for the petitioner submits that the transfer of the petitioner from Education District, Bemetara to the Education District, Durg would prejudice and adversely affect the service condition of the petitioner as the petitioner is at Serial No. 887 in the seniority list of the Assistant Teachers as on 1-4-2006, maintained by the Education District, Bemetara. LEARNED Counsel relied on a promotion order dated 2-8-2007 (Annexure P-7) issued by the District Education Officer, Bemetara, wherein it is clearly stated that the Assistant Teachers belonging to unreserved categories have been promoted upto 1-8-1982 to the post of Upper Division Teacher, LEARNED Counsel further referred to an order dated 12-12-2006 (Annexure P-8) passed by the District Education Officer, Durg, wherein it is clearly stated that the Assistant Teachers appointed upto 8-9-1972 in general category (unreserved category) have been considered for promotion to the post of Upper Division Teacher in Education District, Durg. LEARNED Counsel further contends that looking into the promotional avenues in the District, Bemetara as well as in the District, Durg, whereto the petitioner has been transferred, the petitioner has been substantially affected and prejudiced by this transfer. Thus, the transfer order is bad and deserves to be quashed. To buttress his contention, Mr. Sahu, relied on a decision of this Court, in the matter of Aalekh Kumar Devta v. State of C.G. and Ors. Writ Petition No. 604 of 2005 and other connected matters 2005 (2) CGLJ 160.

(3.) HAVING heard learned Counsel for the parties, perused pleadings and documents appended thereto, it is evident that the career prospects of the petitioner would substantially be affected and prejudiced, if the petitioner is transferred from Education District, Bemetara, where he was appointed by the District Education Officer on the post of Assistant Teacher to the Education District, Durg. Admittedly, in the Education District, Bemetara, the Assistant Teachers appointed upto 1-8-1982 have been promoted to the post of Upper Division Teachers and in the Education District, Durg, the Assistant Teachers appointed upto 8-9-1972 have been promoted to the post of Upper Division Teachers.