Smt. Anita Singh Diwde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 7230 OF 2019 Smt. Anita Singh Diwde W/o Shri Eal Singh Diwde Aged About 50 Years Working As Lecturer, Govt. Higher Secondary School, Manendragarh, District Korea 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 Indrawati Bhavan, Atal Nagar, Raipur, District Raipur Chhattisgarh

3. Collector Korea, District Korea Chhattisgarh

4. District Eduction Officer Korea, District Korea Chhattisgarh

5. Principal Govt. Higher Secondary School, Manendragarh, District Korea Chhattisgarh

6. Smt. Reeta Rani Bhadra Govt. High School, Sonhat, Block Sonhat, District Korea Chhattisgarh ---Respondent(s) For Petitioner :

Mr. Shashi Kumar Kushwaha, Adv.

For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 13.09.2019

1. The Challenge in the present writ petition is to the order (Annexure P-1) dated 21.08.2019 whereby the petitioner has been shown to have been transferred from Govt. Girls High School Block Manendragarh, District Korea to Govt. High School, Sonhat, District Korea.

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