Chattisgarh High Court
Smt. Nutan Chelse vs State Of Chhattisgarh on 26 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 203 of 2022
Smt. Nutan Chelse W/o Shri Tiwari Lal Chelse, Aged About 45 Years
R/o Village Bodhipara, Post Kishungarh, Tehsil And Police Station
Pandaria, District Kabirdham Chhattisgarh.
---- Appellant
Versus
1. State Of Chhattisgarh Through The Secretary School Education
Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District
Raipur (Chhattisgarh)
2. The Director, Directorate Of Public Instructions, Indravati Bhawan,
Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh
3. The Joint Director, Education Division, Durg, District Durg
Chhattisgarh
4. The District Education Officer, Kabirdham, District Kabirdham
Chhattisgarh
---- Respondents
(Cause Title taken from Case Information System)
For Appellant : Mr. Abhishek Pandey, Advocate.
For Respondents : Ms. Astha Shukla, Government Advocate.
Hon'ble Mr. Arup Kumar Goswami, Chief Justice
Hon'ble Mr. Rajendra Chandra Singh Samant, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
26/04/2022
Heard Mr. Abhishek Pandey, learned counsel, appearing for the
appellant. Also heard Ms. Astha Shukla, learned Government Advocate,
appearing for the respondents.
2. This appeal is directed against an order dated 28.03.2022
passed by the learned Single Judge in WP(S) No. 1996/2022, whereby,
the writ petition was disposed of with certain observations.
3. The appellant was holding the post of Teacher (Local Body) at
Government Middle School, Kaprikala, Block Pandariya. By order dated
29.01.2022, she was transferred to Government Middle School, Amaniya,
Block Pandariya, on promotion to the post of Head Mistress. It transpired
that the post of Head Mistress in Government Middle School, Amaniya,
was not vacant and as such, by order dated 07.03.2022, the appellant
was posted as Head Mistress in Government Middle School, Saihamalgi,
Block Pandariya.
4. The appellant had put to challenge the order dated 07.03.2021
and had prayed for a direction to post her as Head Mistress at Middle
School, Baghamuda.
5. Taking note of the factual matrix, the learned Single Judge
disposed of the writ petition observing as follows:
"2. Be that as it may, since it's a posting on
promotion, it cannot be brought within ambit of a
usual transfer and even otherwise as regards her
grievance of the place of posting is concerned, it
is exclusively within the domain of the
respondents to decide when, where and how
long, an Employee/Officer of the State has to be
posted. The Writ Court don't have much power to
exercise the power of judicial review in such
matters.
3. Given the said facts, the present writ petition is
disposed of permitting the petitioner to approach
the respondent-authorities on the administrative
side for ventilating his grievance so far as his
request for a further change of place of posting is
concerned.
4. The present writ petition accordingly
stands disposed of."
6. Mr. Abhishek Pandey, however, submits that the post of Head
Mistress, Middle School, Baghamuda was already filled up. Mr. Pandey
further submits that the husband of the appellant is also a Government
employee and posted at Government Higher Secondary School,
Pandariya and as per the policy of the Government, both the spouses, as
far as practicable, may be posted at the same place.
7. Ms. Astha Shukla, on instructions, submits that there is no
vacancy in the school where the husband of the appellant is posted. She
further submits that since the appellant has been transferred on
promotion, the appellant should join the place of posting.
8. Having heard learned counsel for the parties and on
consideration of the materials on record, we see no good ground to
interfere with the order of the learned Single Judge.
9. Accordingly, the writ appeal stands dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Rajendra Chandra Singh Samant)
Chief Justice Judge
Amit
