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2025:CGHC:17819
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2610 of 2025 1 - Swati M. Jagtap Mohanty W/o Shri A.K. Mohanty Aged About 53 Years Working As C.R.P.F. And Posted At Composite Hospital Karanpur C.R.P.F. Jagdalpur District - Bastar Chhattisgarh
... Petitioner(s) versus 1 - Union of India Through Dy Director (Medical) Central Reserve Police Force Directorate General Block No. 1 Cgo Complex Lodhi Road New Delhi 2 - The Dig (Medical ) Ch. Crpf Jagdalpur District- Bastar (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ramsajiwan, Advocate For Respondents : Mr. Niraj Baghel, Advocate on behalf of Mr. Ramakant Mishra, D.S.G.I.
(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 21/04/2025
1. By the present writ petition, the petitioner, who is presently posted as Subedar Major/Sister IC posted at composite Hospital Karanpur, C.R.P.F. Jagdalpur, District, Bastar and her husband is also posted as Head Constable/NR-AST at C.H. Jagdalpur, questioning the transfer order, by which, the petitioner has been transferred from the present place of posting to C.H. S.L.R., Chilchar, Assam & rejection of the representation of the petitioner. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.21 18:06:53 +0530
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2.
Learned counsel for the petitioner submits that the petitioner’s minor daughter studying in Class 7th and her mother aged about 85 years is suffering from several old age ailments, who is living with the petitioner and in case of relieving of the petitioner from present place of posting, the petitioner’s entire family will destabilize. He submits that the petitioner has completed her tenure of three years in the present place of posting, however, her husband will complete his tenure in the month of July, 2026 and she has only sought an extension till the tenure of the petitioner’s husband by submitting a representation to the respondents, however, the respondents have rejected the same without considering the fact that her husband is presently posted at Jagdalpur. He further submits that several representations of other employees have considered and extensions have been granted.
3.
Learned counsel for the respondents submits that the petitioner and her husband are posted at same place since 2010, however, so far as the impugned transfer order of the petitioner is concerned, it would not be possible to post both of them at the same place forever.
4. I have heard learned counsel for the parties, perused the pleadings and documents.
5. It appears that the petitioner has been transferred from composite hospital Karanpur, C.R.P.F. Jagdalpur, District:Bastar, C.G. to CH. S.L.R., Chilchar, Assam, which is situated at a distance of 2050 k.m. away from the present place of posting of the petitioner. It is
3 / 3 not in dispute that the husband of the petitioner is posted at CH. Jagdalpur as a Head Constable/NR-AST and his tenure of posting will commplete in the month of July, 2026. The petitioner submitted a representation seeking extension of her tenure in the present place of posting looking to the family problem as well as on the ground that her husband is presently posted at Jagdalpur, however, by a non-speaking order, the petitioner’s representation has been rejected without considering the fact that the husband and wife both are working in the C.R.P.F. and they are having a child of seven years as well as her ailing mother of 85 years, hence, the writ petition is disposed of with a direction to the respondents to reconsider the grievance of the petitioner that the petitioner is only seeking extension till the tenure of posting of the petitioner’s husband and on the ground that her ailing mother living with her as well as seven years daughter is studying in Class 7th, the respondent may decide the grievance of the petitioner within a period of 45 days from today to consider the posting of the petitioner as well as her husband at same place, till then, the impugned transfer order dated 27/02/2025 shall remain stayed. The petitioner may file a representation afresh to the respondents authority within a period of ten days from the receipt of the order of this Court.
6. With the aforesaid observation and direction, the writ petition stands disposed of. SD/-
(BIBHU DATTA GURU)
JUDGE Amardeep