Sushri Kamini Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5125 of 2017 • Sushri Kamini Patel, D/o Shri Hemlal Patel, aged about 28 years, Supervisor, Integrated Women and Child Development Department, posted in Sector- Baitari, Block Saraipali, District Mahasamund, Civil and Revenue District Mahasamund (CG) ---- Petitioner

Versus

1. State of Chhattisgarh, through Secretary, Women and Child Development Department, Mahanadi Bhavan, Mantralaya, New Raipur (CG)

2. Director, Women and Child Development Department, Indrawati Bhavan, 4th Floor, New Raipur (CG)

3. District Program Officer, Integrated Women and Child Development Department, Mahasamund, District Mahasamund (CG) ---- Respondent For Petitioner : Shri M.K. Sinha, Advocate.

For Respondents : Shri Samir Behar, Panel Lawyer.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 08/11/2017

1. The petitioner is aggrieved by the order dated 1.8.2017 whereby the petitioner has been transferred from Integrated Women and Child Development Department, Sector Baitari, Block Saraipali District Mahasamund to Integrated Women and Child Development Project Mainpur, District Gariyaband.

2. Learned counsel for the petitioner would submit that the action of the respondents in transferring the petitioner from Sector Baitari, Block Saraipali, District Mahasamund to District Gariyaband is illegal and against the policy of the State Government. The petitioner is a newly appointed employee and is under probation period. In the appointment order it is

mentioned that the employee is appointed for non schedule area, however, the petitioner has been transferred in schedule area, therefore, the transfer order is illegal. The petitioner being a woman should have been adjusted in Mahasamund District.

3. Considering the entire fact situation of the case, the Writ Petition is disposed of with a direction that in the event the petitioner submits a representation before the competent authority raising all her grievances within a period of 4 weeks from today, the concerned authority shall consider and decide her representation objectively, by passing a speaking order, in accordance with law, within a further period of 8 weeks. Till the representation of the petitioner is decided, the effect and operation of the impugned transfer order in respect of the petitioner shall remain stayed. Sd/- Judge (Prashant Kumar Mishra) Barve