Smt. Kiran Mandavi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6543 OF 2019 Smt. Kiran Mandavi W/o Shri Mayaram Aged About 42 Years Working As Rural Health Orgnizer (Woman) At Sub. Health Center, Badebendari, Block and District Kondagaon, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh.

2. The Collector Kondagaon, District Kondagaon, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Manoj Chouhan, Advocate.

For Respondent-State :

Shri P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28.08.2019

1. Challenge in the present Writ Petition is to the order dated 12.07.2019 whereby the petitioner has been transferred from Sub Health Centre, Badebendri to Sub Health Centre, Singanpur.

2. The contention of the petitioner is that, the impugned order has been issued in violation of the transfer policy and the conditions attached to the transfer policy so far as Husband and Wife being retained, as far as possible, at the same place is concerned. The Husband of the petitioner is also a Govt. servant and posted near the present place of posting of the petitioner. Vide the impugned order, the petitioner has been transferred to a far remote forest area, more than 85 KM from the present place of posting.

3. Given the aforesaid facts, let the petitioner make a representation in this regard to the respondent No.2 within a period of 10 day from today and the respondent No.2, in turn, shall consider and decide the same in accordance with transfer policy at the earliest preferably within a further period of 45 days. Till the representation of the petitioner is decided, the effect and operation of the order dated 12.07.2019 shall remain stayed so far as petitioner is concerned.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder