High Court Of ChhattisgarhWPS/5547/2019disposed off

Smt. Usha Vaishnav v. State Of Chhattisgarh

2019-07-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5547 of 2019 Smt. Usha Vaishnav W/o Shri Harisharan Gopal Vaishnav, Aged About 47 Years, Presently Posted As Teacher (LP) At Government Boys Pre- Middle School, Mainpur, District Gariyaband Chhattisgarh And Holding Additional Charge Of 100 Seater Girls Hostel, RMSA, Block Mainpur, District Gariyaband, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Govt. Of Chhattisgarh, Department Of School Education, Mahanadi Bhawan, Capital Complex, Police Station Rakhi, Nava Raipur, Chhattisgarh

2. The Commissioner, Directorate Of School Education, Indravati Bhawan, Capital Complex, Atal Nagar, Nava Raipur Chhattisgarh

3. The Collector, District Gariyaband, Chhattisgarh

4. The District Education Officer, District Gariyaband Chhattisgarh

5. The Block Education Officer Mainpur, District Gariyaband Chhattisgarh ---Respondents For Petitioner :

Mr. Shantam Awasthi, Advocate.

For State :

Mr. P. Acharya, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.07.2019 1.

It is contended that the petitioner was substantially posted at Government Boys Pre-Middle School, Mainpur and was holding the additional charge of Girls Hostel, RMSA, Block Mainpur whereas she has been transferred to Government Boys Pre-Middle School, Mainpur, District: Gariyaband vide order dated 12.07.2019 (Annexure P/1) with remark that she wanted the transfer.

-22. Learned counsel for the petitioner submits that the petitioner has not claimed for any "Swachhik" transfer on the aforesaid place as has been mentioned in the remark (vivran) column of the transfer order dated 12.07.2019. No such application was ever filed by the petitioner.

3. Considering the submission of the petitioner, the factual aspect which is to be ascertained is whether the petitioner herself has filed such application for transfer or not.

4. Therefore, the petitioner is directed to file an appropriate application before the Grievance Redressal Committee which has been constituted to decide the cases of transfer, within a period of 2 weeks from today. If such application is filed, the same may be decided within a further period of 30 days from date of filing of application. Till then, the transfer in respect of the petitioner shall not be given effect to.

5. With the aforesaid observations, the present Writ Petition stands disposed off.

Sd/- (Goutam Bhaduri) Judge Khatai/Rahul