Ku. Ila Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.21 of 2016 Ku. Ila Sharma, D/o Dr. N.P. Sharma, aged about 41 years, R/o Kundla Hospital, Darripara, Ambikapur, Police Station and Post Ambikapur, Civil & Revenue District Surguja.

---- Petitioner

Versus

1.

State of Chhattisgarh, through Secretary, Panchayat & Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex,Naya Raipur, District Raipur.

2.

The Collector, Ambikapur, Surguja, District Surguja. 3.

Zila Panchayat, Surguja, through its Chief Executive Officer, Zila Panchayat, Surguja, District Surguja.

4.

District Education Officer, Ambikapur, District Surguja (CG) --- Respondents For Petitioner : Shri Manoj Paranjpe, Advocate For Respondents : Shri Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/01/2016 (1) Heard.

(2) Learned counsel appearing for the petitioner would submit that the petitioner is working as Lecturer (Panchayat) of English subject, who has been transferred from Govt. Higher Secondary School, Khairwar to Govt. Higher Secondary School, Darima declaring her as surplus teacher by the impugned transfer order dated 10.11.2015 passed by respondent No.3. He would further submit that there are

300 students at Govt. Higher Secondary School, Khairwar and against them, only one teacher of English subject has been posted and therefore, she may be permitted to make a representation before the respondent No.2 i.e. Collector, Ambikapur against the order of transfer dated 10.11.2015, to which counsel for the State has no objection. (3) Prayer appears to be fair and reasonable.

(4) The petitioner is permitted to make a representation before the respondent No.2 i.e. Collector, Ambikapur within ten days from today. If such representation is made by the petitioner before the said authority, the authority shall consider and decide the same on its own merit and in accordance with law preferably within a period of four weeks from the date of receipt of representation of the petitioner. (5) For a period of six weeks, the effect and operation of the impugned transfer order dated 10.11.2015, in respect of the petitioner shall remain stayed.

(6) With the aforesaid observation, the petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L/-