High Court Of ChhattisgarhWPS/6419/2017disposed off

Smt. Vina Rani Singh Rathore v. State Of Chhattisgarh

2017-11-30Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6419 of 2017 • Smt. Vina Rani Singh Rathore, aged about 27 years, W/o Shri Kishan Singh Rathore, presently working as Assistant Teacher Panchayat, Unnat Govt. Primary School, Aadivasi Para, Gatoura, Block & Tehsil Masturi, District Bilaspur (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, (CG)

2. Chief Executive Officer, Janpad Panchayat Masturi, District Bilaspur Chhattisgarh.

3. Block Education Officer, Block & Tehsil Masturi, District Bilaspur (CG) ---- Respondent For Petitioner : Shri Pawan Shrivastava, Advocate.

For Respondent/State : Shri Rajendra Tripathi, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/11/2017

1. Challenge in this petition is to the order dated 10.11.2017, by which the petitioner has been transferred from Unnat Govt. Primary School, Aadivasi Para, Gatoura to Govt. Primary School, Daganiya under the rationalization policy of the State Government.

2. Learned counsel for the petitioner would submit that for the present the petitioner may be allowed to make a representation and the concerned authority of the respondent may be directed to decide the same, in accordance with law.

3. Considering the entire fact situation of the case, it would be appropriate to allow the petitioner to prefer a representation before the concerned competent authority raising her grievance against the impugned transfer order.

4. Let the petitioner prefer representation within a period of 4 weeks from today and thereafter, the concerned competent authority shall consider and decide the same within next 8 weeks, in accordance with law and on its own merits.

5. For a period of 12 weeks or till the representation is decided, whichever is earlier, the status quo, as it exists today, in respect of the petitioner's posting, shall be maintained.

6. The Writ Petition is accordingly disposed of.

7. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

Sd/- Judge (Prashant Kumar Mishra) Barve