Smt. Kshama Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7617 OF 2019 Smt. Kshama Sharma W/o Shri Satyendra Prasad Sharma Aged About 43 Years Occupation Superintendent Speech Therapist R/o H-1, Civil Line, Dhamtari District Dhamtari (Chhattisgarh).

...Petitioner(s)

Versus

1. State of Chhattisgarh Through Secretary, Social Welfare Department, Mahanadi Bhawan, Mantralay, Atal Nagar District Raipur, Chhattisgarh.

2. The Director Social Welfare, Indravati Bhawan, Atal Nagar District Raipur (Chhattisgarh).

3. Smt. Vaishali Maradwar Multi-Disabled Home, Mathpuraina Raipur, District Raipur (Chhattisgarh).

... Respondent(s) For Petitioner :

Shri Sandeep Dubey, Advocate For Respondent-State :

Shri P. Acharya, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 17.09.2019

1. The challenge in the present Writ Petition is to the order dated 07.08.2019 whereby the petitioner has been transferred from Dhamtari to Bastar.

2. The contention of the petitioner is that, the petitioner is able to teach only the children with hearing impaired and not the blind disabled students and as such she is not competent to manage the institution of deaf and blind students and therefore she could not have been transferred to a place of deaf and dumb students.

3. It has been informed that the petitioner has made repeated representations in this regard before the respondents highlighting that she would not be competent to manage the institution of blind and deaf students.

4. Given the said facts and circumstances of the case, particularly taking note of the peculiar nature of job which the petitioner performs and the place where the petitioner is being sent, the petitioner would not be able to discharge her duties effectively, let the respondent No.1 consider the case of the petitioner in accordance with policy of the State and take an appropriate decision on the representation filed by the petitioner.

5. Till a decision is taken on the said representation of the petitioner, the order impugned shall not be given effect to so far as petitioner is concerned.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder