Smt. Sampada Bais Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 124 of 2017 Smt. Sampada Bais (Kashyap) W/o Amit Kashyap, aged about 36 years, presently working as Assistant Professor (Anthropology), Govt. J. Yoganandam, Chhattisgarh Post Graduate College, Raipur, District Raipur (Chhattisgarh).

---- Appellant

Versus

1. State of Chhattisgarh through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh).

2. The Deputy Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Naya Raipur (Chhattisgarh)

3. The Officer in Charge, Director, National Cadet Core, Raipur, Distt. Raipur (Chhattisgarh)

4. The Principal, Govt. Yoganandam, Chhattisgarh Post Graduate College, Raipur, District Raipur (Chhattisgarh)

5. Dr. Anjali Dhruv D/o Shri R. D. Dhruv, aged about 42 years, R/o F 2/1, G. A. D. Colony, Kachna, Raipur, District Raipur, at present working Assistant Professor (Anthropolog ), Govt. Yoganandam, Chhattisgarh Post Graduate College, Raipur, District Raipur (Chhattisgarh). ---- Respondents For Appellant :

Shri C. Jayant K. Rao, Advocate For Respondents/State :

Shri Ashish Surana, Panel Lawyer For Respondent No.5 :

Shri Vivek Verma, Advocate Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice P. Sam Koshy Order on Board Per Thottathil B. Radhakrishnan, Chief Justice /04/2017 This appeal is by Smt. Sampada Bais the 5th respondent in writ petition. She was working in Jagdalpur. The writ petitioner Dr. Anjali Dhruv who was working in Raipur was transferred to Jagdalpur and the appellant Smt. Sampada

Bais was transferred from Jagdalpur to Raipur. Dr. Anjali Dhruv came to this Court instituting an earlier writ petition holding out a case dependent on the fact that she is also a trained NCC Officer. This Court ordered that writ petition directing to reconsider her transfer, in consultation with the Directorate of NCC. The transfer of Dr. Anjali Dhruv from Raipur to Jagdalpur was again confirmed by the Government without taking clear opinion of the Directorate of NCC. Hence, through impugned judgment, the learned Single Judge allowed Dr. Anjali Dhruv's writ petition and set aside her transfer and directed that the Govt. could consider transferring her to an institute imparting NCC training. With the passage of time, Dr. Anjali Dhruv has been transferred to yet another institute, namely Government Digvijay P.G.

College, Rajnandgaon, which is an institute that imparts NCC training as well. With this changed situation, there is no reason for us to interfere with the impugned judgment at the instance of the appellant/5th respondent who cannot now be disturbed from the College in Raipur to which she has already been transferred. We record this fact and situation and close the writ appeal accordingly. Sd/- Sd/- (Thottathil B. Radhakrishnan) (P.