Smt. Neema Rai v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 176 of 2019

1. Smt. Neema Rai, W/o Shri Prabhu Rai, Aged About 48 Years, Presently Working As Supervisor At Office Of The District Program Officer, Woman And Child Development, Project Korba, District : Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Woman And Child Development, Department Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh

2. The District Program Officer, Woman And Child Development, Project Korba, District : Korba, Chhattisgarh ---Respondents For Petitioner :

Mr. Manoj Chauhan, Advocate.

For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16.09.2019 1.

The present Review Petition has been filed seeking review of the Order dated 30.08.2019 passed in WPS No. 6632 of 2019. 2.

The review sought for is to the extent that, this Court while disposing off the Writ Petition, this Court had ordered granting interim protection to the petitioner but inadvertently, when the order was released the interim protection is not reflected in the order. It appears that the error got crept as the person who typed the order inadvertently skipped typing that portion.

3.

The contention of the petitioner is that, the challenge to the impugned order of transfer was on the grounds that the petitioner is

-2a disabled person (Divyang) with more than 60 per cent of disability as has been certified by the District Hospital, Korba based on which the petitioner had challenged the transfer order relying upon the Circular of the State Government dated 30.08.2010 and the transfer policy prevailing as on date and also the provisions of the Persons with Disability Act, 2016.

4.

On due consideration, the submissions made by the counsel for the petitioner and also verifying of the fact that, this Court is of the opinion that a strong case for review has been made out. 5.

Accordingly, the present Review Petition deserves to be and is accordingly allowed. The Order dated 30.08.2019 passed in WPS No. 6632 of 2019 since it requires modification of the order is hereby recalled and it is ordered that, the Writ Petition be listed for further hearing during the course of the day itself and the Registry is directed to get WPS No. 6632 of 2019 listed during the course of the day itself.

6.

Accordingly, the Review Petition, thus stands allowed and disposed off.

Sd/- (P. Sam Koshy) Judge Rahul