Sushma Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3494 of 2016 Sushma Tiwari W/o Dinesh Kumar Tiwari, Aged About 59 Years Presently Working As Chief Municipal Officer, Ngar, Panchayat Sakri, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Urban Administration & Development, Mahanadi Bhawan, Mantralaya New Raipur Chhattisgarh

2. Director, Department Of Urban Administration & Development Department, Indrawati Bhavan, Raipur, Chhattisgarh

3. Alekh Seul Ekka, Presently Working As Chief Municipal Officer, Nagar Panchayat Pathariya, Distirct Mungeli Chhattisgarh ---- Respondents For Petitioner :

Shri Sudeep Agrawal, Advocate For Respondent/State :

Shri Sangharsh Pandey, Dy.GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/08/2016 Heard.

2.

Challenge to the impugned transfer order is mainly based on personal hardship. 3.

Learned counsel for petitioner submits that two sons of the petitioner are suffering mental disorder and one of the son is hospitalized in Mental Hospital at Sendari, District Bilaspur in the month of June, 2016 and he continues to remain admitted. The petitioner requires to attend her ailing son. 4.

It is found that the petitioner was presently posted as Chief Municipal Officer at Sakri, District Bilaspur in the month of June, 2015 and she has now been transferred to Katghora. It is also found that the husband of the petitioner is presently posted at

Bilaspur.

5.

The grounds, which have been raised in this petition, are more in the nature of administrative grounds, which can only be examined by the competent authority and not by this Court. However, taking into consideration that the son of the petitioner is presently admitted in the hospital and according to learned counsel for the petitioner, he is still admitted, the petitioner may prefer representation to the State authorities within a period of 10 days from today. If that is done, the same shall be considered and decided by the competent authority within a period of three weeks from the date of submission of representation. For a period of four weeks from today, no coercive action shall be taken against the petitioner on the ground of non-joining at Katghora. 6.

With the aforesaid observation/direction, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane