Smt. Ganga Anchal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3987 of 2021 Smt. Ganga Anchal W/o Shri G. P. Anchal, Aged About 61 Years Posted As Supervisor At Integrated Child Development Project-II, Mungeli, District Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Women And Child Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

2. The Director, Directorate Of Women And Child Development, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

3. The Collector, Mungeli, District Mungeli, Chhattisgarh

4. The District Project Officer, Women And Child Development, Mungeli District Mungeli, Chhattisgarh ---- Respondents For Petitioner :

Mr. Prakash Tiwari, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 05.08.2021

1. Aggrieved by the order of transfer dated 22.07.2021 the present petition has been filed. Vide the impugned order the petitioner has been transferred from the office of Integrated Child Development Project Mungeli - II, district Mungeli to Integrated Child Development Project Chilfi Bodla - 3, district Kabirdham.

2. The order of transfer is under challenge primarily on the ground that

the petitioner has got a short tenure of service i.e. only 7 months of service left for retirement. It is the contention of petitioner that under the transfer policy of the State Govt. itself the order of transfer could not have been issued where the service of an employee is less than one year left for retirement.

3. Given the said facts, the state counsel submits that let the petitioner make a representation in this regard and the same shall be duly considered in accordance with the policy governing the filed.

4. Given the submissions made by the counsel for the parties, the writ petition at this juncture stands disposed of permitting the petitioner to make a representation in this regard within 15 days from today. Subject to the petitioner making a representation before the respondents, the same shall be considered and decided by the authority concerned within a further period of 60 days.

5. Meanwhile, purely as an interim measure, taking into consideration the transfer policy of the respondents themselves, there shall be stay of the effect and operation of the impugned order so far as the petitioner is concerned, till the representation of the petitioner is decided by the authority concerned.

Sd/- P. Sam Koshy Judge Khatai