Smt. Champa Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6207 of 2016 • Smt. Champa Nayak W/o Shri Ramkumar Nayak, Aged About 31 Years Assistant Teacher Panchayat At Naveen Kanya Ashram Chintalnar Janpad Panchayat Konta, R/o Village Dornapal, Tahisl Kota, Distirct Sukma Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Thorugh The Secretary Panchayat & Rural Development Department, Mantralaya, Mhaanadi Bhawan, Naya Raipur, Raipur Chhattisgarh • Chief Executive Officer, Zila Panchayat Sukma, Distirct Sukma Chhattisgarh • Chief Executive Officer, Zila Panchayat, Raigarh, Distirct Raigarh Chhattisgarh • Chief Executive Officer, Janpad Panchayat Konta, Distirct Sukma Chhattisgarh • Chief Executive Officer, Janpad Panchayat Sarangarh, Distirct Raigarh Chhattisgarh ---- Respondents -------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Mateen Siddiqui, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer -------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/11/2016 Heard.

1.

The petitioner has filed this petition seeking a direction to the respondents to post the petitioner to a place nearby the place of posting of her husband as per the policy dated 02.03.2016. 2.

Learned counsel for the petitioner submits that there exists a policy dated 02.03.2016 to keep husband and wife at one place. Presently, the petitioner is posted in District Sukma whereas her husband is posted in District Raigarh, therefore, a direction may be issued. 3.

The Government has come out with a policy of postings and transfers in which, there is a provision for consideration of posting of husband and wife together as far as possible, subject to administrative exigency.

4.

In view of above, it is observed that as and when occasion arises for shifting the petitioner from the present place of posting, the transferring authority shall also keep in mind the policy of the State Government of keeping the husband and wife together as far as possible, subject to administrative exigency. The respondents shall decide petitioner's representation as early as possible.

5.

With the aforesaid observation, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Chandra