Rajeshwari Kumhariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 5958 OF 2019 Rajeshwari Kumhariya W/o Shivkumar Ram Aged About 36 Years Presently Working As Secretary At Gram Panchayat - Anandpur Janpad Panchayat Ramchandrapu, District - Balrampur-Ramanujganj, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Gramin Vikas Vibhag, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar Raipur, District - Raipur, Chhattisgarh.

2. Chief Executive Officer Zila Panchayat Balrampur-Ramanujganj, District - Balrampur-Ramanujganj, Chhattisgarh

3. Chief Executive Officer Janpad Panchayat, Ramchandrapur, District - Balrampur-Ramanujganj, Chhattisgarh

4. The Collector District- Balrampur-Ramanujganj, Chhattisgarh.

5. Shri Raghavendra Singh Presenlty Working As Secretary At Gram Panchayat- Badkimahari, Janpad Panchayat - Balrampur, DistrictBalrampur-Ramanujganj,Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Akath Kumar Yadav ,Advocate For Respondent-State :

Shri P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08.08.2019

1. The challenge in the present writ petition is to the order Annexure P/1 dated 12.07.2019. Vide the said impugned order, the petitioner has been transferred from Gram Panchayat Anandpur, Janpad Panchayat Ramchandrapur to Gram Panchayat Badkimahri, Janpad Panchayat Balrampur.

2. The first ground raised by the petitioner is that the impugned order is passed by an incompetent Authority. The second ground is that the authorities concerned have not taken into consideration the transfer policy of the State Government in as much as the husband and wife ought to have been placed at the same place. In the instant case the spouse is already a government employee working at Janpad Panchayat, Ramchandrapur.

3. The further contention of the petitioner also is that the petitioner could not have been transferred from Janpad Panchayat to Another Janpad Panchayat. Taking all the aforesaid objections, let the petitioner file a fresh representation to the respondent No. 4 that is the authority who has passed the impugned order Annexure P-1 and let the Collector take an appropriate decision at the earliest preferably within a period of 30 days

4. Meanwhile, there shall be a stay of the effect and operation of the impugned order so far as the petitioner is concerned. Sd/- Sd/- (P. Sam Koshy) Judge Jyotijha