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Chattisgarh High Court

Smt. Mamta Tripathi vs State Government Of Chhattisgarh 5 ... on 19 December, 2019

                                          1

                                                                              NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                              WPS No. 10779 of 2019

    Smt. Mamta Tripathi W/o Shri Parag Tripathi Aged About 51 Years Assistant
     Teacher L.B. Govt. Middle School, Kosha Nagar, Block Durg, District- Durg,
     Chhattisgarh

                                                                      ---- Petitioner

                                       Versus

   1. State Government Of Chhattisgarh Through The Secretary, School Education
      Department Ministry, Mahanadi Bhawan, P.S. Rakhi, New Raipur, Chhattisgarh

   2. Collector Durg Chhattisgarh

   3. District Education Officer Durg, Chhattisgarh

   4. Block Education Officer Durg, Chhattisgarh

                                                                   ---- Respondents

For Petitioner : Shri Ajay Shrivastava, Advocate For Respondents/State : Shri Kunal Das, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/12/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner was transferred by order dated 12.07.2019 from Pre Middle School, Gadadih, Block Patan to Pre Middle School, Kosanagar, Block Durg, on administrative grounds. Pursuant to said transfer order she had joined at Kosanagar. Subsequently, by order dated 11.11.2019 after the petitioner joined at the transferred place again she has been sent back to the earlier place of posting i.e. Government Pre Middle 2 School, Teligundara, Block Patan.

3. It is contended that within few months the petitioner has again been transferred, therefore, the petitioner's transfer order dated 11.11.2019 may not be given effect to.

4. Perused the orders of transfer. It appears that earlier the petitioner was transferred on administrative grounds. Thereafter, the petitioner has joined her place of posting. The earlier transfer order dated 12.07.2019 is by the order of the Collector and the subsequent transfer order dated 11.11.2019 is by the District Education Officer. Therefore, within a short span of period the transfer has been effected. In view of this, it is directed that the petitioner shall make afresh representation in this regard before the Collector, Durg within a period of 3 weeks from today and on such representation being filed the Collector shall decide the same within a period of 45 days from the date of receipt of the representation. In the meanwhile, the transfer order dated 11.11.2019 in respect of the petitioner shall not be given effect to.

5. With the aforesaid observation, the writ petition stands disposed of.

Sd/-

Goutam Bhaduri Judge Ashu