Smt. Kanta Lakara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3678 of 2016 Smt. Kanta Lakara W/o Basant Xalxo, Aged About 45 Years Posted At Surveyor, Bal Vikas Pariyozana, Masturi, Sector Malhar, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Child & Woman Development Department, Mantralaya, Mahandi Bhawan, New Raipur, District Raipur Chahttisgarh

2. Additional Secretary, State Of Chhattisgarh Child & Women Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chahttisgarh ---- Respondents For Petitioner :

Mr. Keshav Prasad Gupta, Advocate For Respondent-State :

Mr. Dilmanrati Minj, Dy. Government Advocate, on advance copy.

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 11/08/2016 Heard on admission.

1.

The transfer order is challenged on the ground that petitioner is being transferred to a scheduled area whereas policy dated 03/06/2015 provides that as far as possible, female employees may not be sent on transfer in the scheduled area. The other ground of challenge is that her father-in-law is suffering from kidney disease and petitioner's husband is posted at Raipur, therefore, the petitioner has to take care of her father-in-law.

2.

As far as second ground is concerned, it is a matter for consideration by the competent authority and not for the Court; because it is found that the petitioner's husband is posted at Raipur, where her father-in-law may get proper medical facility.

3.

As far as the ground that female employees may not be posted in scheduled area is considered, the petitioner had already made a representation before the competent authority. It is directed that the competent authority shall consider and decide the representation of the petitioner within a period of four weeks from today.

4.

It is stated that the petitioner is posted at the present place for the last 16 years, therefore, I am not inclined to grant any protective umbrella to her. 5.

With the aforesaid observation, writ petition stands finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari