High Court Of ChhattisgarhWPS/7079/2019disposed off

Ms. Tanuja Bairagi v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7079 of 2019 Ms. Tanuja Bairagi D/o Shri Bimal Krishna Bairagi Aged About 40 Years Occupation Service, Presently Posted As Lecturer L.B. At Government Higher Secondary School Dharampur, Block Pratappur, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Petitioner

Versus

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

2. Commissioner Tribal Development Department, Chhattisgarh State, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ----Respondents For Petitioner :

Mr. Sunil Sahu, 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 Annexure P/1 dated 22.08.2019, whereby the petitioner has been transferred from Government Higher Secondary School Dharampur, Block Pratappur, District Surajpur to Government High School Saraitikara, District Ambikapur-Surguja.

2. The contention of the petitioner is that order of transfer shows to have been made on her own request, whereas the petitioner had never made any request to be transferred at the said place. Though the petitioner submits that she has made a request for transfer, but her request was for being posted in an around the district headquarter Ambikapur as the petitioner is a cancer patient therefore should be placed at a place where she could avail medical assistance promptly.

3. Considering the aforesaid facts and circumstances of the case, let the petitioner make a detailed representation in this regard to the respondents within a period of 10 days from the date of receipt of the copy of this order and the respondents in turn shall consider and decide the same considering the health condition of the petitioner sympathetically within a further period of 45 days from the date of receipt of the representation. Till the representation of the petitioner is decided, the effect and operation of the impugned order shall remain stayed.

4. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved