High Court Of ChhattisgarhWPS/5024/2018disposed off

Smt. Jyoti Masiyare v. State Of Chhattisgarh

2018-08-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5024 of 2018 Smt. Jyoti Masiyare W/o Manish Dahre Aged About 33 Years Nayab Tahsildar, Gunderdehi, District Balod Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan Mantralaya, Naya Raipur District Raipur Chhattisgarh.

2. Collector, Balod District Balod Chhattisgarh. ----Respondents For Petitioner :

Mr. T.K. Jha, Advocate For State :

Mr. R.K. Gupta, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/08/2018

1. The challenge in the present writ petition is to the order (Annexure P/1) dated 31.07.2018, whereby the services of the petitioner has been transferred from Balod to Dhamtari.

2. The contention of the counsel for the petitioner is firstly the petitioner is a lady on account of personal inconveniences the petitioner while she was working at Bemetara had made a request to the respondents for transfering her to Balod, which the respondents had acceded to and posted the petitioner from Bemetara to Balod vide order dated 14.08.2017, she was transferred at her own request. The counsel for the petitioner submits that as a consequence of the transfer, the petitioner had incurred loss to the extent of loosing her seniority, loosing the transfer allowances, etc. which she would have otherwise got. However barely 11 years down the line, the respondents have now issued the impugned order transferring the petitioner again from Balod

to Dhamtari, thereby the entire exercise and efforts of the petitioner for getting a transfer at her own request to Balod gets washed off.

3. Given the circumstances, this Court is of the opinion that let the petitioner make a detailed representation to the respondent No.1 within a period of 15 days from today and the respondent No.1 in turn shall decide the representation of the petitioner within a further period of 45 days from the date of receipt of representation. Till the representation is so decided, the impugned order (Annexure P/1) dated 31.07.2018 shall not be acted upon so far as the case of the petitioner is concerned.

4. The writ petition accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Ved