Smt. Bina Upadhyay v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6943 of 2021 • Smt. Bina Upadhyay W/o Shri Purushottam Upadhyay, Aged About 60 Years And 05 Months, Occupation- Service, Supervisor SectorFarkanara, Integrated Child Development Project- Kharsia, Tahsil Kharsia, District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Child And Women Development, New Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh.

2. The Director Department Of Women And Child Development, Indrawati Bhawan, New Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh.

3. The Collector District Raigarh, Chhattisgarh.

4. The District Program Officer Department Of Women And Child Development District Raigarh, Chhattisgarh.

5. The Project Officer Integrated Child Development Project Kharsia, Tahsil Kharsia, District Raigarh, Chhattisgarh.

6. The Project Officer Integrated Child Development Project Dharamjaigarh, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh.

7. Smt. Nisha Mishra Occupation Service, Supervisor, Integrated Child Development Project Dharamjaigarh, Tahsil Dharamjaigarh, District Raigarh, Chhattisgarh.

---- Respondents For Petitioner :- Mr. A.N. Bhakta, Advocate.

For State :- Mr. Amit Baxy, PL Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 17/12/2021

1. Learned counsel for the petitioner submits that the petitioner while working as supervisor in the Department of Integrated Child Development Project, Kharsia, has been transferred to Dharamjaigarh on the same post by the Collector which is contrary to the decision of the State Government dated 06.08.2019. Therefore, the transfer of the petitioner is without jurisdiction and without authority of law. He further submits that petitioner has already made

representation to the Collector, Raigarh, however, he may be allowed to make representation before the State Government.

2. Be that as it may, petitioner is allowed to make representation before the State Government within two weeks from today which will be considered and decided by the State Government in accordance with law within four weeks from the date of receipt of copy of this order.

3. Impugned order dated 26.11.2021, transfer order of the petitioner, shall remain stayed for the period of six weeks.

4. With the aforesaid observation / direction the instant writ petition stands disposed off.

Sd/- (Sanjay K. Agrawal) Judge Ankit