High Court Of ChhattisgarhWPS/8104/2019disposed off

Alka Rai v. State Of Chhattisgarh

2019-10-01Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 8104 of 2019 Alka Rai W/o Virendra Kumar Rai, Aged About 59 Years, R/o Bargawan, Post- Bharridand, Tehsil Marwahi, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Women And Child Development, Mahanandi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

2. Director, Women And Child Development, Indrawati Bhawan, Block-I, 2nd Floor, Atal Nagar, Raipur, Chhattisgarh

3. Anupama Tripathi, Supervisor, Integrated Child Development Project, Shankargarh, District Balrampur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sunil Otwani, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 01.10.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 21.08.2019 whereby the petitioner has been transferred from Marwahi, district Bilaspur to Sankargarh, district Balrampur.

2. The contention of the petitioner is that the petitioner is more than 59 years of age and as per the scheduled area policy of the State Govt., a person who has crossed the age of 55 years should not have been

sent to a scheduled area. According to the petitioner, vide the impugned order, she is being sent from one scheduled area to another scheduled area though she is more than 59 years of age. The second ground of challenge is that the husband of the petitioner has been posted at the same place where the petitioner is posted and as per the transfer policy of the State Govt., as far as possible husband and wife should have been accommodated at the same place.

3. Given the aforesaid facts, let the petitioner make a detailed representation to the respondents within a period of 10 days from the date of receipt of certified copy of this order and the respondents in turn shall consider the same within a further period of 45 days from the date of receipt of the representation.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai