High Court Of ChhattisgarhWPS/1702/2020disposed off

Kalawati Bhagat v. State Of Chhattisgarh

2020-03-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1702 of 2020 • Kalawati Bhagat W/o Shri J.S. Bhagat Aged About 46 Years Presently Working As Assistant Director (Planning), District Education Office, Raipur , District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department , Mahanadi Bhawan, Naya Raipur , Atal Nagar Chhattisgarh

2. The Collector Raipur , District Raipur Chhattisgarh.

3. The District Education Officer Raipur , District Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Utsav Mahiswar, Advocate For Respondents/ State :

Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/03/2020

1. Heard.

2. Learned counsel for the petitioner would submit that the petitioner was transferred from Assistant Director (Planning), the District Education Office, Raipur to Assistant Director (Planning) District Education Office, Bemetara on administrative ground.

3. Learned counsel for the petitioner would submit that the petitioner thereafter made a representation (Annexure P-2) on the ground that the husband of the petitioner is working in the Excise Department and her daughter is studying in Class 9, therefore, the mid term transfer may not be done and

as per the transfer policy husband and wife are to be kept at the same place. At the fact that the representation of the petitioner was pending, certain representations of the other employees were decided and transfer were cancelled. He further submits that the case of the petitioner is stilll pending and the representation is not decided till date. He further refers to orders of cancellation of the transfer Anenxure P-3 dated 13.02.2020 and would submit that the case of the petitioner shall be decided as it is against the transfer policy.

4. Perusal of the document would show that the transfer of the petitioner was effected on 22.08.2019 and much time has passed till date, therefore, taking into the fact that few of the representation of other employees were considered and petitioner had already filed a representation to the Respondent No. 1. The Respondent No. 1 is directed that the representation of the petitioner shall be decided within a period of 45 days from the date of receipt of a copy of this order.

5. With the aforesaid observation, the petition stands disposed off. Sd/- Goutam Bhaduri Judge Jyoti