Smt. Hemeshwari Sahu v. State Govt. Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4169 of 2015 Smt. Hemeshwari Sahu W/o Shri Manoj Kumar Sahu, Aged About 29 Years Sahayak Shikshak Panchayat, Govt. Primary School Gotpur, Tahsil & District Kanker (Chhattisgarh) ---- Petitioner

Versus

1. State Govt. Of Chhattisgarh Through The Secretary, Panchayat & Gramin Vikas Department, Ministry, Mahanadi Bhawan, P. S. Rakhi, New Raipur (Chhattisgarh)

2. Mukhya Karyapalan Adhikari, Zilla Panchayat, Uttar Bastar Kanker Chhattisgarh City Kotwali Kanker

3. Chief Executive Officer, Janpad Panchayat, Kanker (Chhattisgarh)

4. Smt. Yamuna Sahu, Sahayak Shikshak, Govt. Primary School, Gotpur, Janpad Panchayat, Kanker (Chhattisgarh) ---- Respondents For Petitioner :

Shri Ajay Shrivastava, Advocate.

For Respondents/State:

Shri Y.S. Thakur, Dy. Advocate General.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/11/2015 Heard.

(1) Learned counsel appearing for the petitioner would submit that Chief Executive Officer, Uttar Bastar, Kanker declared the petitioner as surplus, who is working as Assistant Teacher, in Govt. Primary School Gotpur and transferred her to Govt. Primary School, Daguntola, Block Koylibeda by order dated 31.10.2015, but as the petitioner is working as Vihit Officer for election work pursuant to the order of Tahsildar and Assistant Registikaran Officer dated

16.09.2015, she could not be transferred by the Chief Executive Officer and, therefore, he may be permitted to file representation along with recommendation of the Block Education Officer, Kanker for redressal of his grievance. He however submits that in the eventuality of filing such representation along with the recommendation made by District Education officer, the same may be directed to be decided by the Authority concerned within time frame. To this prayer of the counsel for the petitioner, counsel for the State has no objection. (2) Accordingly, it is directed that the petitioner shall file representation along with recommendation made by the concerned District Education Officer within 10 days before the Collector, Kanker from today and, in turn, the Collector shall decide the same within a period of 20 days from the receipt of representation. (3) For the period of one month, the petitioner shall not be relieved, if she has already not been relieved. (4) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge