High Court Of ChhattisgarhWPS/6781/2019disposed off

Smt. Manju Singh v. State Of Chhattisgarh

2019-09-09Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 6781 OF 2019 Smt. Manju Singh W/o Rajesh Singh Thakur Aged About 56 Years Working As Lecturer (Biology), Govt. High School Lingiyadih, Bilaspur, Block Bilha, District Bilaspur Chhattisgarh.

---- Petitioner

Versus

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

2. Director Public Instructions Idrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

3. Collector Bilaspur, District Bilaspur Chhattisgarh.

4. District Education Officer Bilaspur, District Bilaspur, Chhattisgarh

5. Principal Govt. High School, Lingiyadih, Bilaspur, District Bilaspur Chhattisgarh.,

6. Smt. Subhnay Gole Govt. Higher Secondary School, Chapora, Block Office Kota, District Bilaspur Chhattisgarh.

---Respondent(s) For Petitioner :

Mr. H.B. Agarwal Sr. Adv along with Ms.

Prabha Sharma, Adv.

For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.09.2019

1. The challenge in the present writ petition is to the order of transfer dated 21.08.2019 passed by the respondents transferring the petitioner from Govt. High School, Lingiyadih Bilaspur to Govt. Higher Secondary School, Chapora, Block office Kota, District Bilaspur.

2. The challenge to the transfer order is on the ground that the impugned order reflects the 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 for 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 fact 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, on verification if it is found that the petitioner has in fact 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 Jyotijha