Shrimati Sindhu Tembhare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 10533 of 2019 Shrimati Sindhu Tembhare, W/o. Goverdhan Tembhare, Aged About 60 Years, At Present Working As Supervisor, Integrated Child Development Service Project, Rajanandgaon, Village 02 (Dhumka) District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through the Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh

2. Under Secretary, Department Of Women And Child Development, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh.

3. District Women And Child Development Officer Rajnandgaon, District Rajnandgaon, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Shobhit Koshta, Advocate For State :

Ms. Richa Shukla, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 11.12.2019

1. Grievance of the petitioner is that the petitioner who is working as Supervisor has been transferred from Integrated Child Development Service Project, Rajnandgaon to Integrated Child Development Service Project, Antagarh, Kanker.

2. It is stated that as per clause 1.5 of the policy of the State, since the petitioner is more than 55 years and is a lady, normally are not transferred to core schedule area. It is further contended that the petitioner is a cancer patient and she needs regular treatment, therefore, the transfer may be canceled, as she has only left approx. 1 year 4 months of service for her superannuation.

3. Perused the documents. The petitioner appears to be more than 55 years of old and as per clause 1.5 of the transfer policy, normally the person above 55 years as far as possible are not to be placed in core schedule area and Antagarh, Kanker is a core schedule area. Taking into such aspect and the fact that the petitioner is a cancer patient, it is directed that the petitioner may make a fresh representation before the Grievance Redressal Committee within a period of 3 weeks and the Committee in turn shall decide the same within an outer limit of 45 days from the date of receipt of the representation. Till then, the transfer of the petitioner shall not be given effect to, if it has not been carried out till date.

4. With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Ashok