Madhumita Kond Tandi v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 729 of 2015 • Madhumita Kond Tandi W/O Shri Subodh Tandi, Aged About 28 years Superintendent, Kasturba Gandhi Balika Awasiya Vidyalaya, Bhatapara, R/O Jalvihar Colony, Patpar, Bhatapara, District Bhatapara-Balodabazar (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Post & PS Mandir Hasaud, Raipur, (C.G. )

2. Collector Balodabazar-Bhatapara (C.G.)

3. Mission Director Rajiv Gandhi Shiksha Mission Balodabazar-Bhatapara (C.G.)

4. Block Education Officer, Bhatapara District Balodabazar-Bhatapara (C.G.) ---- Respondents For Petitioner : Shri Varun Sharma, Advocate For Respondent/State : Shri P.K. Bhaduri, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/04/2015 1.

The petitioner who is working as Lecturer (Panchayat) is assailing the order dated 29/12/2014 (Annexure P/1) whereby petitioner has been directed to impart teaching in a different school, as a temporary measure. 2.

Learned counsel for the petitioner would submit that the impugned order is in effect an order of attachment of petitioner's services in a different school. This is despite the order passed by the State Government on 04/06/2001 prohibiting attachment of Government servant.

3.

Considering the fact that the State Govt. has issued the circular prohibiting attachment and for the fact that this Court has already granted interim protection to the petitioner on 09/03/2015, the writ petition is disposed of with a direction that in

the event petitioner prefers fresh representation before respondent No.2 raising her grievances against the impugned order, within a period of four weeks from today, the respondent No.2 shall consider and decide the representation by speaking order, at the earliest, preferably within a period of two months thereafter. For a period of three months from today the interim protection granted earlier by this Court shall continue.

JUDGE Kamde