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2025 DAILYLAW 3678 (CHH)

SABITA BARA v. STATE OF CHHATTISGARH

WPS/381/2025 · 2025-01-16

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:2654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 381 of 2025 1 - Sabita Bara W/o Arvind Deepak Bara Aged About 43 Years R/o Shri Ram Nagar Colony, In Front Of Kali Dhaba, Raipur Road, Chakarbhata, Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan Mantralaya, Atal Nagar, New Raipur, District Raipur, C.G. 2 - Principal Government Higher Secondary School, Rajendra Nagar, Bilaspur, District- Bilaspur (C.G.) 3 - Principal Government Higher Secondary School, Khapri, Bilaspur, District- Bilaspur (C.G.) 4 - Pushpanjali Singh Occupation, Lecturer, (English), Government Higher Secondary School, Rajendra Nagar, Bilaspur, District- Bilaspur (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Rishabh Bisen, Advocate For State :- Ms. Akansha Verma, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order On Board 16.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court be pleased to call for the record as well as the all university Norms. 10.2 This Hon'ble Court be further Pleased to issue an appropriate writ to stop the effect and operation of (Annexure P/1) transfer order dated 07.01.2025 as of now with regards to the petitioner, in the Interest of Justice. 10.3 This Hon'ble Court be further Pleased to issue an appropriate writ quashing/set-aside the order transfer order dated 07.01.2025 (Annexure P/1), in the Interest of Justice. 10.4 This Hon'ble Court be further Pleased to pass Such order in Favour of the petitioner against the respondent as it may deem fit under the facts and circumstances. 10.5 Costs of the Petition may be allowed.” 2. Learned counsel for the petitioner submits that petitioner has been transferred from Government High Secondary School, Rajendra Nagar, Bilaspur to Government Higher Secondary School Khapri Block Development Takhatpur. He submits that the transferred place is not a Higher Secondary School, as such, the petitioner cannot be transferred to a High School as the petitioner is having qualification of the Lecturer, as such, his services can be better taken in any Higher Secondary School. He further submits that the 3 husband of the petitioner is having major problem in his knee and it would be difficult for her to join duties at Takhatpur. Therefore, the impugned order is illegal, bad in law and deserves to be quashed. It is also submitted that one post of English Lecturer similar to the petitioner is lying vacant at Government High School, Dhaurabhata, Block-Bilha, District Bilaspur. 3. Learned State counsel submits that the said transfer order has been passed on administrative exigency, therefore, it requires no interference. 4. I have heard learned counsel for parties and perused the documents available on record. 5. Be that as it may, without commenting anything on the merits and also considering the aforesaid facts and circumstances of the case, the petitioner is granted liberty to file a representation before the concerned competent authority and the competent authorities are directed to consider and decide the representation of the petitioner in a pragmatic manner within a period of two months. Till the decision of the representation, it is directed that there shall be stay of the impugned transfer order dated 07.01.2025 with respect to the petitioner. 6. Accordingly, this petition stands disposed off with aforesaid observations and directions. sd/- (Amitendra Kishore Prasad) Judge Vishakha