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2025:CGHC:15348
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 593 of 2025 1 Praveen Kumar Dewangan S/o Shri K.K. Dewangan Aged About 42 Years Working As Librarian At Govt. Girls Polytechnic Raipur, District- Raipur (C.G.)
... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 Principal Govt. Girls Polytechnic, Raipur, District- Raipur (C.G.)
... Respondent(s) For Petitioner : Shri Somkant Verma, Advocate For Respondents/ State : Shri Ajit Singh, G.A.
(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.03 10:54:37 +0530
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1. By the present writ petition, the petitioner, is questioning the transfer order dated 15.01.2025 (Annexure P-1) by which the petitioner has been transferred from Govt. Girls Polytechnic, Raipur to Govt. Girls Polytechnic Jagdalpur, District Baster.
2.
Learned counsel for the petitioner submits that, the petitioner’s wife is also a government servant, who is working as a Assistant Teacher at Govt. Primary School, Raipur. He submits that two children who are studying in nursery and class 3rd are also residing with him at Raipur. He further submits that because of the mid term transfer of the petitioner to Jagdalpur from the present place of posting, the entire family of the petitioner has been destabilized and studies of petitioner’s children are severely effected. He further refers to judgments of Hon’ble Supreme Court in the case of Bank of India Vs. Jagjit Singh Mehta reported in (1992) 1 SCC 306 wherein Hon’ble Supreme Court has observed that the posting of husband and wife should be at one station even if their employers are different and the said principle should be followed as far as practical. He further refers to Director of School Education, Madras and Ors. Vs. O. Karuppa Thevan and Anr. Reported in 1994 Supp (2) SCC 666 wherein the Hon’ble Supreme Court deprecated the system of transfer of employees in mid session where their children are studying.
3.
Learned counsel for the respondents/ State on instructions submits that, as far as, the transfer of employees of the State
3 / 4 government is concerned, the State government has decided to constitute a committee to consider the grievance of the employees in case of transfer and placed a copy of the order dated 03.03.2025, which is taken on record. He further submits that if the petitioner will approach the said committee, the committee will decide the same in accordance with the relevant transfer policy and relevant law.
4. I have heard learned counsel for the parties and perused the documents on record and the judgment of the Hon’ble supreme court which is placed by the learned counsel for the petitioner.
5. It is not in dispute that the petitioner and his wife both are government employees posted in two different places and children of the petitioner are studying in school in nursery and 3rd at Raipur.
6. Hence, looking to the grievance of the petitioner, it is directed that the petitioner shall approach the committee constituted by order dated 03.03.2025 with a representation within a period of 10 days from the date of receipt of a copy of this order. In case of filing of the representation, the said committee shall decide the representation of the petitioner in accordance with the policy of the State government within a period of 30 days from the date of filing of the representation. It is further made clear that till the decision of the representation of the petitioner the interim relief dated 22.01.2025 shall remain operative.
7. With the aforesaid observation, the writ petition is disposed off.
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8. The petitioner is at liberty to apprise the committee about the
order of this court. Sd/- (BIBHU DATTA GURU)
JUDGE Jyoti