Smt. Aswani Dahariya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8461 of 2019 Smt. Aswani Dahariya W/o Shri Kamal Singh Dahariya Aged About 46 Years Working As Supervisor, Integrated Child Development Project, Masturi, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Women and Child Development, Mahanadi Bhawan, Mantralay, Atal Nagar, District- Raipur Chhattisgarh.

2. The Director Women and Child Development Department, Directorate, Indrawati Bhawan, Atal Nagar, District- Raipur Chhattisgarh,

3. The District Collector Bilaspur, District- Bilaspur Chhattisgarh,

4. The Project Officer Integrated Child Development Project, Masturi, DistrictBilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

5. The Program Officer Women and Child Development Department, Bilaspur, District- Bilaspur Chhattisgarh --- Respondents For the Petitioner : Mr. Samir Behar, Advocate For the State : Mrs. Richa Shukla Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board -10-2019

1. The grievance of the petitioner is that she is working as Supervisor under the Women and Child Development Department and has been transferred from Masturi, Distt. Bilaspur to Integrated Child Development Project, Bijapur, Distt. Bijapur vide order 21.08.2019 which is under challenge in this writ petition.

2. Learned counsel for the petitioner contends that the husband of the petitioner who was working as Lecturer was posted as Principal at Government Girls Higher Secondary School, Masturi, District Bilaspur vide order dated dated 19.03.2010 (Annexure P-3) and he is presently working there and as per the Policy of the State as far as practicable

both the husband and wife are to be kept at the same place, therefore, the transfer of the petitioner at Bijapur which is at a distance of 600 Kms., away from the working place of her husband i.e., Masturi causes great inconvenience to the petitioner. He submits that the petitioner has filed representation vide Annexure P-4 which is pending and the same may be directed to be decided.

3. Perused the documents annexed to the petition. The husband of the petitioner who was working as lecturer in Higher Secondary School at Vemanagoi was promoted as Principal and transferred to Higher Secondary School, Masturi. The medical certificate is also annexed to the petition stating that the petitioner is suffering from Jaundice.

4. Considering the facts situation of the case, the petitioner shall be at liberty to make a detailed representation to the Secretary, Women and Child Development Department within a period of 15 days and on such a representation being filed, the same shall be considered and decided within a further period of 45 days. It is stated that the petitioner has not been relieved from the present place of posting till date. If the petitioner has not yet been relieved, it is directed that the transfer order shall not be given effect to till the representation is decided.

5. The writ petition accordingly stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o