1 2025:CGHC:2443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 342 of 2025 1 - Smt. Sunita Gupta W/o Purushottam Gupta Aged About 50 Years At Present Posted And Working As Assistant Teacher (L.B.) And Posted At Government Primary School, Nawapara, Batauli, Block Batauli, District Sarguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, (C.G.) 2 - Under Secretary Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raiur, District Raipur (C.G.) 3 - Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 4 - District Education Officer District Sarguja, (C.G.) 5 - Block Education Officer Block Batauli, District Sarguja (C.G.) 6 - Smt. Rupa Gupta At Present Posted And Working As Assistant Teacher, Government Primary School, Bilaspur, Block Batauli, District Sarguja (C.G.) ... Respondents (Cause-title taken from the Case Information System) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Pramod Ramteke, Advocate For State :- Ms. Nupur Trivedi, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.01.2025 1. Heard. 2. The present petition has been filed by the petitioner for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned transfer dated 24- 12- 2024 (Annexure P-1) relating to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to perform his duty at present place of posting i.e. Government Primary School, Nawapara, Batauli, Block Batauli, District Sarguja (C.G.). 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 3. Learned counsel appearing for the petitioner would submit that vide impugned order dated 24.12.2024 (Annexure P/1), the petitioner has been transferred from Government Primary School, Nawapara, Batauli, Block Batauli, District Sarguja (C.G.) to Government Primary School, Bilaspur, Block Batauli, District Sarguja (C.G.). It is stated that the petitioner has filed this writ petition mainly on the ground that the husband of the petitioner is ailing, bed-ridden and is not in a working condition, as such, the 3 petitioner has to look after her ailing husband. He submits that the impugned order has been passed in contravention of the circular issued by the State Government dated 03.06.2015 whereby it has been clearly mentioned that if the employee is posted in the scheduled area, then he or she should be transferred to a non- scheduled area, however, in the present case, the petitioner has been transferred from one scheduled area to another scheduled area, as such, the impugned transfer order is illegal, bad in law and is liable to be set-aside/quashed. 4. On the other hand, learned State counsel opposes the writ petition and submits that the distance between the two places is only 20 kms. and the petitioner can very well look after her ailing husband, and so far as the circular issued by the State Government is concerned, it would be considered by the concerned authorities if the petitioner wishes to file a representation before the concerned authority. 5. I have learned counsel for the parties and went through the documents annexed with the petition. 6. Considering the facts and circumstances of the case, the petitioner is directed to file a representation before the concerned respondent authority within a period of 15 days from today, then the concerned authority or the competent respondent authority shall in turn decide the representation of the petitioner within a further period of two months from the date of receipt of such 4 representation, in accordance with law. 7. However, till such representation is decided, the effect and operation of the impugned order dated 24.12.2024 shall remain stayed. 8. With the aforesaid direction/observation, the writ petition stands disposed off. 9. I.A. No.02, application for exemption from filing typed copies of annexures is hereby allowed on the ground that the petition is hereby disposed off, therefore there is no need to file legible copies of documents. sd/- (Amitendra Kishore Prasad) Judge Vishakha