1 2025:CGHC:3566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 538 of 2025 Smt. Seema Verma, W/o Girish Kumar Verma, Aged About 46 Years, R/o Street-37, Sarojani Nagar, Dhanora, Tahsil and District Durg, Chhattisgarh 491001 ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of School Education, Mahanadi Bhawan, New Raipur, Tahsil and District Raipur, Chhattisgarh 2 – Director, Directorate of Public Instructions, Indrawati Bhawan, Nawa Raipur Dist. Raipur, Chhattisgarh 3 - Joint Director, Education Division Durg, Near Jila Panchayat Building, G.E. Road, Durg, Dist. - Durg, Chhattisgarh 4 – Collector Durg, Dist. Durg, Chhattisgarh 491001 ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Y.C. Sharma, Senior Advocate with Mr. Anchal Kumar Matre, Advocate For Respondents-State : Mr. Vivek Sharma, Additional A.G. Hon'ble Shri Amitendra Kishore Prasad, Judge Order on Board 21.01.2025 1. Heard Mr. Y.C. Sharma, learned Senior counsel assisted by Mr. Anchal Kumar Matre, learned counsel for the petitioner. Also heard Mr. Vivek Sharma, learned Additional Advocate General, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.25 16:29:04 +0530 2 2. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction, thereby quash order dated 03.01.2025 and letter dated 03.01.2025 (ANNEXURE P-1 (COLLY.)) 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction, thereby quash order dated 29.11.2024 (ANNEXURE P-2). 10.3 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction, thereby direct the respondent authorities to consider the medical grounds and other grounds urged in writ petition in an objective manner while posting the petitioner at nearest place available. 10.4 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Facts of the case, are that, the petitioner is challenging the order dated 03.01.2025 whereby the representation preferred by 3 petitioner for change in place of posting was rejected. Present is the second round of litigation. Earlier, the petitioner had preferred a writ petition bearing WPS No. 8376/2024 challenging order dated 29.11.2024 whereby the petitioner was placed at Govt. Middle School Khuteri (Khe), Block Gunderdehi, Dist.- Balod from Govt. Middle School Janjgiri, Block Anda, Dist. Durg (C.G.) after revocation of her suspension. This Court vide order dated 20.12.2024, after considering the submissions made on behalf of parties disposed of the petition reserving liberty in favour of petitioner to make representation before respondent No. 3, who in turn was directed to pass appropriate order in objective manner on such representation, preferably within period of 15 days from date of the said order. It was also directed the petitioner to approach before respondent No. 3 for grant of stay and same was directed to be decided by the authority concerned within a period of 3 days from date of the said order. 4. Upon receiving the order passed by this court, the petitioner approached respondent No.3 and prayed for change in the place of posting as there were difficult medical reasons which made the petitioner incapable of traveling from Durg to adjacent District Balod as the petitioner was suffering Dysfunctional Uterine Bleeding. The petitioner also prayed for cancellation of earlier order of posting dated 29.11.2024. The petitioner also submitted a remainder on 02.01.2025 when the decision was not taken within time stipulated. On 03.01.2025, the impugned order was passed 4 and the representations preferred by the petitioner as per direction of this Court was rejected. Hence, the present petition has been filed by the petitioner. 5. Learned Senior counsel for the petitioner would submit that the impugned order suffers from non-application of mind as the representation of the petitioner has been rejected in an objective manner without considering the medical conditions of her as well as her father-in-law as also other difficulties faced by the petitioner. He further submits that it is well settled position of law that the order of posting after revocation of suspension cannot be passed in a form of punishment. The rejection of representation preferred by petitioner shows that the impugned order was only passed to make her suffer without considering the fact that posts were vacant at nearby places within same District. It has been contended that as on date, it is well known to respondent authorities that departmental enquiry against petitioner has come to last stage where no chance of tempering evidences or influencing witnesses have left, therefore, it cannot be said that posting the petitioner away from her headquarter is necessary for conducting the departmental enquiry without any influence. It has been further contended that the petitioner is suffering from Dysfunctional Uterine Bleeding (DUB) and is taking treatment from the Government Hospital and is unable to join duty at the transferred place at Khateri. It has been argued that the father-in- law of petitioner, who is 73 years old is suffering from stomach 5 cancer, who is regularly taking treatment from Sector IX JLN Hospital Sector 1 Cancer Hospital and AIIMS Raipur and also underwent major surgery. The petitioner also has responsibility to look into and manage the affairs of her family as there are two small school going children as well and it would be very difficult for her to fulfill her family obligations apart from her service. As such, the writ petition deserves to be allowed. 6. On the other hand, learned State counsel submits that looking to the order impugned, it would show that each and every aspect has been considered by the authorities. He further submits that the petitioner has not filed the entire medical documents, as such, the same may not be considered, which is reflected from paragraph-4 of the order dated 03.01.2025. 7. At this stage, learned counsel for the petitioner submits that she may be allowed to make a fresh representation before the authorities and the authorities will consider and decide the representation considering the medical prescriptions and other medical documents in respect of ailment of her father-in-law as well as her own ailment. 8. I have heard learned counsel for the parties and perused the documents annexed along with writ petition. 9. Considering the facts and circumstance of the case, particularly the fact that father-in-law of the petitioner is suffering from stomach cancer and the petitioner is also suffering from 6 Dysfunctional Uterine Bleeding (DUB), the respondent authorities are directed to consider the case of the petitioner in a pragmatic manner and pass a suitable order in this regard. The petitioner is further directed to submit each and every medical document before the respondent authorities, till then, no coercive steps be taken against the petitioner. The petitioner is also directed to submit entire documents along with a copy of this order within a period of 10 days before the respondent authorities and the respondent authorities are directed to consider and decide the same within a further period of one month. 10. With the aforementioned observation/direction, writ petition stands disposed of. 11. As a consequence, I.A. No.02, application for exemption from filing typed copies of Annexure P-5, is hereby allowed. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh