Smt. Bhuneshwari Thakur v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10698 of 2019 Smt. Bhuneshwari Thakur W/o Shri Janak Kumar Thakur Aged About 35 Years working as Assistant Teacher (L.B.) And Posted At Govt. Primary School Jhalmala, Block And District Balod District : Balod, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through Secretary Department of School Education Mahanadi Bhawan Mantralaya , Atal Nagar, New Raipur , District Raipur District : Raipur, Chhattisgarh

2. Collector Balod District Balod Chhattisgarh., District : Balod, Chhattisgarh

3. District Education Officer Balod District Balod Chhattisgarh., District : Balod, Chhattisgarh --- Respondents For the Petitioner : Mr. Ajay Shrivastava, Advocate For the State/Respondents : Mr. Alok Bakshi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board -12-2019

1. The grievance of the petitioner is that she is working as Assistant Teacher (L.B) and has been transferred from Govt. Primary School Block and District Balod to Govt. Primary School Block Gunderdehi, Distt.Balod. It is contended that as per the remark column, the transfer was effected on her own request whereas no such application was ever filed by her. It is contended that thereafter, the petitioner immediately filed an application before the Secretary, Department of School Education, Mahanadi Bhawan vide Annexure P-3 dated 23.08.2019, however, the same has not been decided. Therefore, the secretary may be directed to decide the representation of the petitioner within a stipulated time.

2. A perusal of the representation would show that the petitioner has categorically made submission that no application has ever been filed for

transfer and further it was also submitted that the husband of the petitioner is working as Assistant Teacher (L.B) and is posted in Govt. Primary school, Lathabod, Block Balod.

3. Taking into consideration the fact that the representation is already pending before the Secretary, Department of School Education, the said representation dt. 29.08.2019 may be decided within a further period of 45 days from the date of receipt of a copy of this order.

4. It appears that the transfer order has been issued way back on 12.07.2019. Therefore, if the transfer order has not been given effect till date, the same shall not be given effect to till the representation of the petitioner is decided.

5. With the above observations, this writ petition stands disposed of. Sd/- GOUTAM BHADURI JUDGE R a o