Anjula Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2984 of 2018 Anjula Soni W/o Shri G. C. Soni, Aged About 45 Years R/o Quarter No. B-1/6, Shri Sai Regency Behind Dream Land School, Seepat Road, New Sarkanda Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Executive Officer, Jila Panchayat, Janjgir Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

3. District Education Officer, Janjgir Champa, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

4. Block Education Officer, Block Akaltara, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------- For Petitioner :

Mr. Ajay Shrivastava, Advocate.

For State :

Mr. Dhiraj Wankhede, GA ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 12/04/2018 1.

Grievance of the petitioner raised in this petition is that upon revocation of suspension, the petitioner is being posted at a place other than where she was working at the time of suspension. 2.

It is submitted that this legal issue has been decided by this Court in large number of cases and it has become a settled legal position that upon revocation of suspension, the employee is required to be posted at the same place wherefrom she was suspended.

3.

On the other hand, learned counsel for the respondent submits that because of the exigency of service it has been decided that the petitioner should be posted at some other place therefore, the impugned order has been passed.

4.

This Court in the case of Vijay Vajpayee v. State of Chhattisgarh and others, W.P.(S)No.4921/2014, decided on 18-9-2014 has held that once an employee is suspended, upon revocation she is required to be posted at the same place wherefrom she was suspended. 5.

Respondent is directed to pass appropriate order posting the petitioner at the place wherefrom she was suspended. 6.

This order, however, shall not come in the way of transfer of the petitioner, in times to come, on administrative exigency. 7.

The writ petition stands disposed of.

8.

No order as to cost(s) Sd/- (Manindra Mohan Shrivastava) Judge Rohit