Chattisgarh High Court
Dimple Yaduwanshi vs State Of Chhattisgarh on 23 June, 2022
Author: Rajendra Chandra Singh Samant
Bench: Rajendra Chandra Singh Samant
Page No.1
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4046 of 2022
1. Dimple Yaduwanshi D/o Rajendra Yaduwanshi Aged About 27 Years
Working As Jail Warder, District Jail Korba, District Korba (C.G.)
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Home (Police)
Department, Atal Nagar, Nawa Raipur (C.G.)
2. The Director General Jail And Corrective Service Chattisgarh Raipur
(C.G.)
3. The Superintendent Of Jail Central Jail Raipur, District Raipur (C.G.)
4. The Superintendent Of Jail District Jail Korba, District Korba (C.G.)
---- Respondents
__________________________________________________________
For Petitioner : Mr. K.K. Pandey, Advocate.
For State/Respondents : Mr. Ravi Bhagat, Dy. Govt. Advocate.
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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 23/06/2022 Heard.
1. This petition has been filed praying for issuance of appropriate Writ.
2. It is submitted that the petitioner was appointed to the post of Jail Warder for Raipur Circle but she was directed to join post of Jail Warder in District Jail Korba vide order dated 06.04.2016. It is submitted that the policy decision was taken vide order dated 12.08.2014, whereby the jail warden were to be posted for a period of 05 years in other circles. As the term of the service of 05 years in Ambikapur Jail has completed, therefore, the respondent authorities be directed to revert the petitioner to the original circle, for which, she was Page No.2 appointed.
3. Learned State counsel opposes the submissions and submits that the appointment order dated 19.02.2015 vide Annexure-P/3 contains clause No.5, mentioning that appointment has been made for posting in the Raipur Circle, however, in the interest of the services, the transfer of the appointees can be made to any other circle and the newly appointed candidates were required to submit a declaration form in that respect, hence, in presence of this clause, the petitioner has been posted in Ambikapur Circle and she cannot claim a right for reversion of her posting to Raipur Circle. It is also submitted that vide letter dated 31.07.2020, the authorities have informed the Public Information Officer, that the reversion of the newly appointed Jail Warders to their original circle is under consideration, therefore, there is no requirement for issuance of any Writ. Hence, the petition is not maintainable.
4. Considered on the submissions, the prayer of the petitioner is in a way prayer for transfer from Korba to Raipur/Bilaspur circle. Hence, this petition is disposed off.
5. The petitioner is granted liberty to file afresh representation for her transfer from Korba to Raipur within a time limit of 15 days. On filing of such representation, the respondent authorities shall be obliged to consider on the same and take decision at the earliest taking cognizance of the policy, which is mentioned in the letter dated 12.08.2014, preferably within a time limit of 60 days.
6. With these observations, the petition is disposed off.
Sd/-
(Rajendra Chandra Singh Samant) Judge Nisha