Smt. Malti Dewangon v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(S) No. 2495 of 2016

1. Smt. Malti Dewangon, aged about 44 years, W/o. Shri Khushiram Dewangan, presently working as Asst. Teacher (Panchayat), Govt. Primary School Pandripani (East), District - Raigarh, Civil and Revenue District- Raigarh (C.G.) ----Petitioner

Versus

1. State of Chhattisgarh, Through ; The Secretary, Department of School Education, Mahanadi Mantralaya, Naya Raipur, P.O. & P.S. Naya Raipur, District - Raipur (C.G.)

2. Secretary, Department of Panchayat & Rural Development, Mahanadi Mantralay, Naya Raipur, P.O. & P.S. Naya Raipur, District - Raipur (C.G.)

3. Collector, Raigarh (C.G.)

4. Zila Panchayat, Raigarh, Through : Its Chief Executive Officer, Zila Panchayat, Raigarh (C.G.)

5. Zila Panchayat, Kabeerdham, Through : Its Chief Executive Officer, Zila Panchayat, Kabeerdham (C.G.)

6. Janpad Panchayat, Raigarh, Through : Its Chief Executive Officer, Janpad Panchayat, Raigarh (C.G.) ---- Respondents For Petitioner : Mr. Rajendra Tripathi, Advocate For Respondent/State : Mr. Dhiraj Wankhede, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/06/2016 1.

Learned counsel for the petitioner submits that by an order dated 07.09.2013, the petitioner had joined her place of posting at Government Primary School, Pandaripani, Janpad Panchayat Raigarh, District, Raigarh and the husband of the petitioner is also working in the school within the Raigarh District. It is further submitted that without following the circular of the State Government itself, the petitioner who

Page No.2 is the wife has been transferred to Zila Panchayat, Kabirdham though the husband of the petitioner is posted within Raigarh District, therefore, according to the policy of the State Government, the husband and wife should have been kept in same place. Consequently the transfer, which is made on 18.04.2016 may be canceled. 2.

Perusal of the documents shows that the petitioner was transferred by the order dated 18.04.2016 and she has been stated to be relieved on 09.05.2016. Be that as it may. Considering the submission made and taking into the fact that the husband of the petitioner is working within Raigarh District, it is directed that, if the petitioner makes a representation within a period of 30 days from today to the respondent No.4, the same may be decided by the authority with a consideration of policy set out by the State Government with respect to the posting of husband and wife, who are in service of State Government within further period of four weeks.

3.

Accordingly, the petition stands disposed off with aforesaid observation.

Sd/- (Goutam Bhaduri) Judge Balram