Kumari Basmati Dhritlahre v. District And Session Judge Janjgir

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2518 of 2018 Kumari Basmati Dhritlahre D/o Bhauram Dhritlahre, aged about 27 years, presently posted as Assistant Grade- Ill, Civil Court, Janjgir, Tahsil and District- Janjgir- Champa, Chhattisgarh ---- Petitioner

Versus

1. District and Session Judge, Janjgir, District- Janjgir- Champa, Chhattisgarh

2. State of Chhattisgarh, through Principal Secretary, Department of Law, Mahanadi Bhavan, Mantralaya, Naya Raipur, Chhattisgarh ---- Respondents For Petitioner : Shri T. K. Jha, Advocate For Respondent/State:

Shri D. K. Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 22/03/2018 The grievance of the petitioner is that she is working as Assistant Grade-III in the District Court Establishment Janjgir-Champa. On personal reason she sought for a transfer from Janjgir to Raipur. Her application at the first instance made to the District Judge has been rejected on the basis of the circular dated 07.11.2016. 2.

Shri Jha, counsel appearing for the petitioner submits that the circular dated 07.11.2016 has an exceptional clause where in case of exceptional hardship, relaxation can be granted by the Hon'ble Chief Justice. Therefore, the petitioner may be permitted to make a fresh representation to the District Judge who in turn may forward the case to the Registry of this Court so that the same can be placed before the

Hon'ble Chief Justice to decide whether the case of the petitioner falls in exceptional category or not. He further relies upon an order passed by this Court in WPS No. 4681/2017 which got disposed of on 12.10.2017 in similar term with a direction that the representation of the concerned employee be forwarded to the High Court for consideration in accordance with the circular of the High Court dated 07.11.2016. 3.

Given the facts and circumstances of the case, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending. Accordingly, the writ petition stands disposed of with a direction that the petitioner shall make a fresh representation to the concerned District Judge where she is posted who in turn may forward the same to the Registry of this High Court for placing the said representation before the Hon'ble Chief Justice to consider whether the case of the petitioner falls within the category of exceptional case or not so that her case for transfer can be considered.

4.

With the aforesaid observation, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) JUDGE Bhola