Smt. Rambha Sethiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6701 OF 2019 Smt. Rambha Sethiya W/o Shri Ram Kumar Sethiya Aged About 41 Years Working As Teacher (L.B.) At Govt. Middle School Chearbeda DistrictKondagaon, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department of School Education Mantralaya Mahanadi Bhawan Atal Nagar, Raipur, Chhattisgarh.

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

Shri Somkant Verma, Advocate.

For Respondent-State :

Shri P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02.09.2019

1. Challenge in the present Writ Petition is to the order dated 12.07.2019 whereby the petitioner has been transferred from Middle School, Cherbeda to Kondagaon.

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 90 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

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