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High Court Of ChhattisgarhWPS/6535/2019disposed off

Ku. Anusuiya Vishal v. State Of Chhattisgarh

2019-08-28Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6535 OF 2019 Ku. Anusuiya Vishal D/o Late Shri Chamra Kumar Vishal Aged About 30 Years Occupation Service, Presently Posted as Peon At Tahsil Office Basna, R/o Village Singhanpur, Thana and Basna, District Mahasamund Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department Mantralaya Mahanadi Bhawan, Capital Complex, Naya Raipur District Raipur Chhattisgarh.

2. Collector Mahasamund, District Mahasamund Chhattisgarh.

3. Sub Divisional Officer (Revenue) Saraipali District Mahasamund Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Sunil Sahu, Advocate.

For Respondent-State :

Ms. Abhyunnati Singh, 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 of transfer dated 13.08.2019 whereby the petitioner has been transferred from Tehsil Office Basna, Distt. Mahasamund to Tehsil Office Fingeshwar, Distt. Gariyaband.

2. The grievance of the petitioner is that, the petitioner was appointed on compassionate ground way back on 27.10.2009. Subsequently she moved an application for transfer from Gariyaband to Basna, Mahasamund which was accepted by the State Govt. vide order dated 21.07.2016 and since then the petitioner has been working at the present place of posting i.e. Basna. She further submits that vide Annexure P/2, dated 12.07.2019 the respondent No.2 had transferred the petitioner from the present place of posting to Tehsil Office Bagbahra. That, the said order dated 12.07.2019 was not executed and now within a short span of one month the petitioner has again been transferred from Basna, Mahasamund to Fingeshwar, Gariyaband.

3. Given the aforesaid facts and circumstances of the case, particularly taking note of the fact that the petitioner was firstly appointed on compassionate ground, secondly the petitioner on her request had been transferred to Basna, Mahasamund in the year, 2016, let the petitioner make a detailed representation in this regard to the respondent No.1 within a period of 10 day from today, and the respondent No.1, in turn, shall consider and decide the same 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 impugned order dated 13.08.2019 so far as petitioner is concerned, shall remain stayed.

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