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High Court Of ChhattisgarhWPS/6846/2019disposed off

Smt. Neeta Tiwari v. State Of Chhattisgarh

2019-09-05Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6846 of 2019

1. Smt. Neeta Tiwari, W/o Late Shri Manoj Kumar Tiwari, Aged About 36 Years, Posted As Teacher (L B), Middle School, Nawagarh, Block Ambikapur, District: Surguja, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Under Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh

2. The District Education Officer, District: Surguja, Chhattisgarh

3. The Block Education Officer, Ambikapur, District: Surguja, Chhattisgarh

4. Smt. Uma Yadav, Posted As Teacher (LB) Govt. Middle School, Karamha, Block Ambikapur, District: Surguja, Chhattisgarh ---- Respondents For Petitioner :

Mr. Rahul Mishra, Advocate For State :

Mr. Anshuman Shrivastava, P. L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 05.09.2019 1.

The challenge in the present Writ Petition is to the order of transfer Annexure P-1 dated 21.08.2019 passed by the respondents transferring the petitioner from Middle School, Nawagarh, Block: Ambikapur to Govt. Middle School, Karamha, Block: Abmikapur,

District: Sarguja, (C.G.).

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. 5.

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.

6.

The present Writ Petition, accordingly stands disposed off. Sd/- P. Sam Koshy Judge Rahul