Chattisgarh High Court
Smt. Dipti Gupta vs State Of Chhattisgarh on 6 December, 2022
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 8566 of 2022
1. Smt. Dipti Gupta W/o Dr. Ankur Gupta Aged About 34 Years R/o
27/166, Near Durga Mandir, New Shanti Nagar, Raipur District Raipur
(C.G.)
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Skil
Development, Technical Education And Employment , Mantralaya
Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur
Chhattisgarh Director Directorate Employment And Training Indravati
Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.)
2. Director Directorate Employment And Training Indravati Bhawan, Naya
Raipur, Atal Nagar, District Raipur (C.G.)
3. Government ITI Hirapur Atari Raipur, Through the Principal, District
Raipur (C.G.)
4. Smt. Puja bajpayee training officer, government ITI Hirapur Atari,
Raipur, through the principal, District Raipur (C.G.)
--- Respondents
For Petitioner : Shri Prateek Sharma, Advocate. For State. : Shri Jitendra Pali, Dy. A.G. Hon'ble Shri Justice Narendra Kumar Vyas Order On Board (06/12/2022)
1. Learned counsel for the petitioner would submit that the petitioner has been transfer from Raipur to Akaltara which is of 175 K.M., she has 05 years baby and no one in his family to look after him and would further submit that his husband also working as Assistant Professor in N.I.T. Raipur, therefore, she has personal difficulties.
-2-
2. Learned counsel for the petitioner would submit that she may be given liberty to make a representation raising all his personal grievances and in turn the respondent shall consider in accordance with law within 08 weeks from date of copy of the receipt of the order.
3. It is well settled principle of law that the personal difficulties and personal disablement should be considered by the government while considering the transfer of its employee. Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Other Vs. Union of India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022] has observed in para 53, which reproduced as below:-
"53 In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence, while we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such an exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected. The appeals shall be disposed of in the above terms"
4. In view of the above stated position, petitioner is directed to make a representation raising all his grievances before respondent authorities within eight weeks from today and on such representation being filed, the respondents authorities shall consider and decide the same within eight weeks from the date of -3- receipt of the representation, as per law laid down by the Hon'ble Supreme Court in the matter SK Naushad Rahaman & Others (Supra).
5. With the aforesaid observations & directions, this petition is disposed of. Sd/-
(Narendra Kumar Vyas) Judge Ashish