High Court Of ChhattisgarhWPS/1803/2017disposed off

Ku. Anju Lahare v. State Of Chhattisgarh

2017-04-18Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1803 of 2017 • Ku. Anju Lahare D/o Late Shri Dukhit Ram Lahre, Aged About 32 Years Posted As Supervisor, Sector Sirpur, Integrated Child Development Scheme, Project Office Mahasamund (Rural), Distt. Mahasamund, Civil And Revenue Distt. Mahasamund (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Women And Child Development Department, Mahanadi Bhavan, Mantralay, New Raipur (Chhattisgarh)

2. Director, Women And Child Development, Chhattisgarh, Indrawati Bhavan, 4th Floor, New Raipur (Chhattisgarh)

3. Collector, Mahasamund District Mahasamund (Chhattisgarh)

4. District Project Officer, Integrated Child Development Project, Mahasamund (Rural) Distt. Mahasamund (Chhattisgarh) ---- Respondents For Petitioner :

Shri MK Sinha, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 18/04/2017

1. Petitioner is working as Supervisor in the integrated Child Development Project, Mahasamund (Rural), district Mahasamund. By the impugned order passed by the Collector, Mahasamund, the petitioner has been attached to work from Sirpur Sector of Mahasamund (Rural) Project to Chanat Sector of Basna Project area. Referring to the State Government's circular dated 16.02.2012 learned counsel for the petitioner would submit that the Collector has been empowered to affect change of posting within the block and not

outside the Block, therefore, the impugned order is contrary to the State Government's circular. Learned counsel would also refer to the order passed by this Court in Smt. Saroj Sharma Vs. State of Chhattisgarh & Ors. {WPS No.6162/2016} on 06.03.2017.

2. Considering the contents of the circular dated 16.02.2012, it would appear that the matter needs to be looked into by the State Government. Let the petitioner move a representation before the concerned Secretary within a period of 15 days from today. On such representation being filed, the concerned Secretary shall decide the same at the earliest preferably within a period of three months from the date of submission of representation.

3. Till a speaking order is passed by the concerned Secretary, the effect and operation of the impugned order shall remain in abeyance, as against the petitioner.

4. Accordingly, the writ petition stands finally disposed of. Sd/- Judge Prashant Kumar Mishra Ashu