High Court Of ChhattisgarhWPS/6676/2019disposed off

Smt. Smita Shukla v. State Of Chhattisgarh

2019-08-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6676 of 2019 Smt. Smita Shukla W/o Shri Sanjeev Kumar Shukla, Aged About 53 Years, Supervisor, Integrated Women And Child Development Department, Posted In Kota, Block Kota, District Bilaspur, Civil And Revenue District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Women And Child Development Department, Mahanadi Bhavan, Mantralay, New Raipur, Chhattisgarh

2. The Director, Women And Child Development Department, Indrawati Bhavan, 4th Floor, New Raipur, Chhattisgarh

3. The District Program Officer, Integrated Women And Child Development Department, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. M. K. Sinha, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 30.08.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 21.08.2019. Vide the impugned order, the petitioner has been transferred from Integrated Women and Child Development Department Project Kota, District Bilaspur to Integrated Women and Child Development Project Baderajpur, District Kondagaon.

2. The challenge is on the ground that the husband and wife are working nearby place and therefore, the petitioner should have been accommodated as far as possible near by the place where petitioner's husband is working. However, vide the impugned order, the petitioner has been sent to a place which is more than 300 Km. away from the present place of posting. Contention of the counsel for the petitioner is that the transfer of the petitioner is contrary to the transfer policy of the State Govt. whereby certain protections have been granted to those employees whose spouses are working under the State Govt.

3. Given the aforesaid facts and circumstances of the case, let the petitioner make a detailed representation to the respondents within a period of 10 days from the date of receipt of certified copy of this order and the respondents in turn shall consider the same within a further period of 45 days from the date of receipt of the representation.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai