Sushri Jayanti Kuzur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9309 of 2019 • Sushri Jayanti Kuzur D/o Shri Mangru Kuzur Aged About 54 Years Supervisor, Integrated Women And Child Development Department, Posted In Pali, Block-Pali, District Korba Civil And Revenue District Korba Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through- Secretary, Women And Child Development Department, Mahanadi Bhavan, Mantralay, New Raipur Chhattisgarh,

2. The Director/Commissioner Women and Child Development Department, Indrawati Bhavan, 4th Floor, New Raipur Chhattisgarh

3. The District Program Officer, Integrated Women And Child Development Department, Korba, District Korba Chhattisgarh

4. The Project Officer, Project Pali, District Korba Chhattisgarh ---- Respondents For Petitioner :

Shri Manoj Kumar Sinha, Advocate For Respondents/ State :

Shri Amrito Das, Additional A.G.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/11/2019

1. The grievance of the petitioner is that the petitioner is working as a Supervisor and she is transferred by an order dated 08.11.2019 from Integrated Women and Child Development, Project - Pali, District - Korba to Integrated Women and Child Development, Project - Kunda, District - Kabirdham. It is contended the petitioner has already been transferred from Integrated Women and Child Development, Project - Kunkuri, District - Jashpur on 28.08.2017 and only in the year 2017, the petitioner has been posted at Pali, Korba, apart from that the family problem also acceptable. Since, the Korba is a scheduled area and the petitioner cannot be compel to

leave the charge.

2. On perusal of the policy of the State Government in para 2.1, it shows if the government servant is posted in the scheduled area, before his/her release the reliever must be present, otherwise there would be amalgamated. Considering the fact that the petitioner was posted at Pali in the year 2017 within the District - Korba, the petitioner shall be at liberty to make a representation before the concerned respondent with all the relevant documents and pleading within 15 days from the date of receipt of a copy of this order and the representation so made shall be decided within a further period of 45 days. Till then, the transfer in respect of the petitioner shall not be given effect to, if it has not been carried out till date.

3. It is further observed that in the meanwhile, the reliever has not been appointed, the petitioner may not be relieved from the place of posting.

4. Accordingly, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Yasmin