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2025:CGHC:17609
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2572 of 2025 1 - Rita Bharti W/o Sudhir Kant Bharti Aged About 54 Years Presently Posted As Hostel Superintendent At Schedule Caste Post Graduate Girls Hostel Brahaspati Bazaar, Bilaspur Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Schedule Caste And Schedule Tribe Welfare Department Ministry, Mahanadi Bhawan, Po And Ps Rakhi, Nawa Raipur, District Raipur (C.G.) 2 - Assistant Commissioner, Tribal Welfare Department Bilaspur, Chhattisgarh 3 - Annapurna Sahu Presently Posted As Hostel Superintendent Schedule Caste Post Graduate Girls Hostel Brahaspati Bazaar, Bilaspur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Mateen Siddiqui, Adv. appeared through VC and Ms. Diksha Gouraha, Advocate For Respondents/ State : Mr. Vinay Pandey, Dy. Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.04.17 23:35:07 +0530
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1. By the present writ petition, the petitioner is questioning the impugned orders dated 09/06/2023 and 19/05/2023 (Annexures P/1 & P/2 respectively) issued by the respondent authorities by which the representation filed by the petitioner pursuant to the order dated 15/12/2022 passed by this Court in WPS No.8993/2022, has been rejected.
2.
Learned counsel appearing for the petitioner submits that in the present place of posting of the petitioner, the respondent No.3 has been posted by the transfer order dated 09/11/2022 which was challenged by the petitioner by filing a writ petition bearing WPS No.8993/2022 which was disposed of vide order dated 15/12/2022 with a liberty to the petitioner to submit a representation before the Committee constituted by the State Government to redress the grievance of the employees regarding transfer and it was further
directed by this Court that the status quo as it exists on that day should be maintained by the parties till the decision to be taken by the Committee on the representation of the petitioner. He further submits that even after the order dated 19/05/2023 passed by the Committee, the respondent authorities have permitted the petitioner to continue in the present place of posting as Hostel Superintendent at the Scheduled Caste PG Girls’ Hostel, Brahaspati Bazaar, Bilaspur and the petitioner is still continuing in the said place of posting however, the petitioner is apprehending that she may be relieved at any moment as the Committee has rejected the representation submitted by the petitioner. He would further submit that it is not possible for the petitioner to work on the same post if
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3.
Learned counsel appearing for the respondents submits that at present, there is no relieving order or any fresh cause of action shown by the petitioner by which she is being relieved from the present place of posting hence, the order by which her representation has been rejected, cannot be challenged at a belated stage and the writ petition filed by the petitioner be dismissed.
4. I have heard learned counsel for the parties and perused the pleadings and the documents.
5. It is not in dispute that the transfer order dated 09/11/2022 is there by which the respondent No.3 has been posted in the present place of posting of the petitioner. It is also not in dispute that the petitioner is still continuing in the present place of posting as Hostel Superintendent at the Scheduled Caste PG Girls’ Hostel, Brahaspati Bazaar, Bilaspur and still continuing.
6. In view of the above, it is clear that at this stage, no cause of action has been shown by the petitioner to file the present writ petition hence, the writ petition is not maintainable. However, if any cause of action will arise in future, the liberty is reserved for the petitioner to approach this Court by questioning such cause of action at an appropriate stage.
7. With the aforesaid observation, the writ petition is disposed of. Sd/-
(BIBHU DATTA GURU)
JUDGE $. Bhilwar