Smt. Sisiliya Baxla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6689 OF 2019

1. Smt. Sisiliya Baxla W/o Shri Anil Baxla Aged About 49 Years Working On The Post of Asst. Grade II At Government High School Asola, Block Ambikapur District Surguja Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanandi Bhawan, Naya Raipur Atal Nagar, P. O. And P. S. Naya Rapur District Raipur Chhattisgarh.

2. Under Secretary School Education Department, Mahanadi Bhawan, Mantralay, Naya Raipur Atal Nagar, P. O. And P. S. Naya Raipur District Raipur Chhattisgarh.

3. Collector Surguja, Ambikapur, District Surguja Chhattisgarh.

4. Principal Government High School Asola, Ambikapur District Surguja Chhattisgarh.

... Respondent(s) For Petitioner :

Shri V.K. Pandey, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General.

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 of transfer dated 20.08.2019 passed by the respondents transferring the petitioner from Govt. Higher Secondary School, Asola to Govt. Higher Secondary School, Odgi.

2. The challenge in the transfer order is on the ground that the impugned order reflects transfer of the petitioner to have been made at the request of the petitioner.

3. According to counsel for the petitioner, the petitioner has never moved any application nor has requested any order of transfer, yet the authorities have shown the order of transfer to have been on its own cost.

4. Given the limited grievance that the petitioner has raised challenging the order of transfer, this Court is of the opinion that subject to verification of the facts that whether the petitioner has made a request for transfer, the

impugned order so far as the petitioner is concerned, shall not be given effect to. However, in case on verification if it is found that the petitioner has infact made a request, then the impugned order would not stand interfered and the respondents would be at liberty to relieve the petitioner from the present place of posting. Meanwhile, till the verification is done, the effect and operation of the impugned order, so far as the petitioner is concerned, shall not be given effect to.

5. The present Writ Petition, accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge inder