Smt. Shyama Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4140 of 2021

1. Smt. Shyama Dewangan W/o Shri Kamlesh Dewangan Aged About 35 Years Posted At Assistant Teacher, Government Primary School Mokha, Block Development Dhamtari, District Dhamtari (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. The District Education Officer Dhamtari, District Dhamtari (Chhattisgarh)

3. The Collector Dhamtari, Distt. Dhamtari (Chhattisgarh) --- Respondents For Petitioner : Shri Kunal Das, Advocate For State : Shri Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 10/08/2021

1. Counsel for the petitioner submits that the writ petition has been filed seeking for an appropriate posting considering the family dispute that has arisen between the husband and wife where there is also a divorce proceedings pending before the concerned Family Court.

2. According to the counsel for the petitioner, the petitioner initially was posted at the Government Primary School at Mokha District Dhamtari. However, on account of a strange relation with the husband which has now reached to the Family Court, where a divorce petition is pending. That to avoid any untoward incident, particularly the alleged harassment which is being met by the husband to the petitioner, she intends to have a transfer from the Government Primary School Mokha. The respondent-

-2authorities however considering the request of the petitioner have temporarily attached her to the Government Primary School at Aghari.

3. Counsel for the petitioner submits that this interim arrangement is only a temporary arrangement and also by way of an attachment. This can led to the petitioner being declared surplus and she can be transferred anywhere else at any point of time. Therefore, she has approached the authorities citing that there is a vacancy available at the Government Primary School at Bramhanpara Pandit Motilal Nehru Primary School, where the petitioner can be accommodated against a sanctioned vacant post.

4. Learned Dy. Advocate General at this juncture submits that let the petitioner make a fresh representation highlighting her grievance to the respondents No. 2 & 3 and the respondent No. 2 & 3 inturn shall consider and decide the same on its own merits.

5. Given the submission by the counsel for the respondents, the writ petition at this juncture is disposed of permitting the petitioner to make a fresh representation citing all her grievances within a period of 10 days from today to the respondents No. 2 & 3 and the Respondents No. 2 & 3 inturn shall consider and decide the grievances of the petitioner taking a sympathetic consideration at the earliest within a period of 60 days from the date of receipt of copy of this order.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge J-