Chattisgarh High Court
Savita Singh vs State Of Chhattisgarh on 4 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7032 of 2022
Savita Singh W/o Rajendra Kumar Singh Aged About 47 Years Presently Posted
As Lecturer (Sanskrit) At Government Higher Secondary School Pendari District
Balrampur Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary School Education Department,
Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh.
2. Under Secretary School Education Pendari Through Its Principal, Block
Weadrafnagar District Balrampur Chhattisgarh.
3. Government Higher Secondary School Pendari Through Its Principal, Block
Wadrafnagar, District Balrampur Chhattisgarh.
--- Respondents
For Petitioner : Mr. Mateen Siddiqui, Advocate.
For Respondent/State : Mr. Sandeep Dubey, Dy, AG.
Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
04/11/2022
Heard.
1. Challenge in this writ petition is to the impugned order of transfer dated 30.09.2022, (Annexure P-1), whereby petitioner who is working as 'Lecturer (Sanskrit)' at Government Higher Secondary School Pendari District Balrampur is transferred to Government Higher Secondary School, Kachoud, Block Manendragarh, District Koriya, Chhattisgarh.
2. Learned counsel for petitioner submits that transfer of petitioner is contrary to circular dated 03.06.2015 (Annexure P-3) issued by State Government, wherein it specifically mentioned that the employees who have been completed three years of service in general schedule area are to be posted in non-schedule area. By virtue of impugned order of transfer, petitioner is again being transferred from one schedule area to another schedule area. As petitioner has already completed about 14 years of her service in schedule area, petitioner is already to go any place in the non-schedule area. He contended that in view of clause 1.3 of circular Annexure P-3, impugned transfer order so far as it relates to petitioner is bad-in- law. Petitioner has been relieved but not join her transfer place of posting. 2
3. Learned State Counsel submits that petitioner is a Government servant holding transferable post, hence, he has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by Competent Authority on administrative ground, hence, it does no call for any interference. If petitioner is aggrieved in any manner with her transfer, she can very well file representation before the Committee constituted by the State Government under Transfer Policy to consider grievance of employee against transfer and if petitioner submits representation before the Committee it will consider in accordance with law.
4. Heard learned counsel for the parties and perused record.
5. Considering entire facts and circumstances of case, grounds raised in writ petition, documents available on record, submission of counsel for parties, particularly clause 1.3 of circular Annexure P-3, I am of the view that no useful purpose would be served in keeping this writ petition pending, awaiting response of respondents, and ends of justice will be served if this writ petition is disposed of permitting petitioner to submit representation against her/his transfer before the Committee constituted under Transfer Policy to consider grievance of employees against transfer.
6. Accordingly, this writ petition stands disposed of directing the petitioner to submit representation against her transfer before the Committee constituted under Transfer Policy, within '12 days' from today, raising all ground as raised in this writ petition. On making such representation, the Committee shall consider and decide the same in accordance with law expeditiously preferably within outer limit of 'three weeks' from the date of receipt of such representation.
7. For a period of 'six weeks' or till decision on petitioner's representation, whichever is earlier no coercive steps shall be taken against the petitioner, pursuant to transfer order.
Sd/-
(Parth Prateem Sahu) JUDGE J/-