Smt. Manju Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9425 of 2019 Smt. Manju Singh W/o Shri Digvijay Singh Aged About 56 Years Presently Posted As Supervisor Integrated Child Welfare Department Katghora, District Korba Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through Secretary, Department of Woman and Child Development , Mantralaya, Mahanadi Bhawan , Atal Nagar, Raipur , District Raipur Chhattisgarh.

2. Director Department of Woman and Child Development, Indrawati Bhawan , Atal Nagar , Raipur , District Raipur Chhattisgarh.

3. District Program Officer Office of Woman and Child Development District Korba Chhattisgarh. --- Respondents For the Petitioner : Mr. Ashutosh Pandey, Advocate For the State/Respondents : Mr. Atanu Ghosh, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board -11-2019

1. The petitioner who is working as Supervisor in Integrated Child Development Service Project, Katghora District Korba has been transferred to Integrated Child Development Service Project Sahaspur on administrative ground vide order dated 08.11.2019, which is under challenge in this petition.

2. It is contended that the transfer has been made during the ban period and the period to transfer has ended on 14th August 2019 whereas the transfer of the present petitioner has been effected on 08.11.2019. It is further contended that as per the Clause 2.4 of Transfer Policy, if the petitioner is transferred and posted in

tribal area, she should not be relieved unless and until the reliever is posted in place of the petitioner. The petitioner further submits that though the Transfer Policy provides for 15 days' time to make representation, but the transfer order has compelled the petitioner to be relieved within a week, therefore, the condition stipulated in the Transfer Order has taken away the time provided in Transfer Policy. He further submits that the petitioner has undergone surgery on her leg and her husband is also undergoing medical treatment due to lever problem.

3. Considering the fact that the petitioner has been transferred from scheduled area to non-scheduled and the transfer policy also provides time of 15 days to make , the petitioner is directed to make a detailed representation before the Grievance Redressal Committee raising all her grievances including the medical grounds within a period of 15 days from the date of receipt of this order and on such representation being filed, the same shall be considered and decided within a further period of 45 days.

4. It is also directed that if the impugned order (Annexure P-1) has not yet been given effect to, the same shall not be acted upon till the representation of the petitioner is decided.

5. This writ petitions accordingly stands disposed off. Sd/- GOUTAM BHADURI JUDGE R a o