Chattisgarh High Court
Ku. Mohini Sinha vs State Of Chhattisgarh on 13 December, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 8568 of 2022
Ku. Mohini Sinha D/o Shri Sukhi Ram Sinha, Aged About 48 Years,
working as Teacher, (LB), Government High School, Village Sondh,
Block Berla, District Bemetara (CG).
R/o Ganjpara Ward No. 37, Infront of Reliance (Jio), Petrol Pump,
Pulgaon, Nala Road, Durg District Durg Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Department of School
Education, Mantralaya, Mahanadi Bhawan, Naya Raipur Atal Nagar,
Raipur District Raipur Chhattisgarh
2. The Director Directorate of Public Instructions, Indrawati Bhawan,
Naya Raipur, District Raipur Chhattisgarh
3. The District Education Officer Bemetara, District Bemetara
Chhattisgarh
4. The Block Education Officer Block And Tahsil Berla, District
Bemetara Chhattisgarh
5. The Principal /head Master Government High School, Sondh, Block
Berla, District Bematara Chhattisgarh
......Respondents
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For the Petitioner : Mr. Palash Agrawal, Advocate on
behalf of Mr. R.S. Patel, Advocate
Advocate
For Respondents : Mr. R.M. Solapurkar, Govt. Advocate
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Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
13.12.2022
1. Counsel for the petitioner would submit that the petitioner is
suffering from 50% disability and has given three option for transfer
i.e. Government Middle School Pulagaon Durg, Government Middle
School Baghera Durg and Government Middle School Shankar
Naghar, Durg. He would further submit that even in the policy of the
State, it is desirable that the Government should post the disabled
Government servant to the place where there is convenient for
his/her movement and would pray that she has preferred
representation (Annexure P/5) for considering her place of posting
be decided by the respondents. It is well settled principle of law
that the personal difficulties and personal disablement should be
considered by the Government while considering the transfer of its
employee. Hon'ble Supreme Court in the matter of S.K. Naushad
Rahaman & Other Vs. Union of India & Other [Civil Appeal No.
1243/2022 decided on 10/03/2022] has observed in para 53, which
reproduced as below:-
"53 In considering whether any modification of the
policy is necessary, they must bear in mind the need
for a proportional relationship between the objects
of the policy and the means which are adopted to
implement it. The policy above all has to fulfill the
test of legitimacy, suitability, necessity and of
balancing the values which underlie a decision making
process informed by constitutional values. Hence,
while we uphold the judgment of the Division Bench
of the Kerala High Court, we leave it open to the
respondents to revisit the policy to accommodate
posting of spouses, the needs of the disabled and
compassionate grounds. Such an exercise has to be
left within the domain of the executive, ensuring in
the process that constitutional values which underlie
Articles 14, 15 and 16 and Article 21 of the
Constitution are duly protected. The appeals shall be
disposed of in the above terms"
2. In view of the above stated position, considering the facts and
circumstances of the case and also considering the policy of the
State Government, it is directed that the respondent shall decide
the representation of the petitioner to accommodate her at the
place of posting which she has mentioned in her application within
four weeks from the date of receipt of copy of this order in
accordance with the law and as per law laid down by the Hon'ble
Supreme Court in the matter S.K. Naushad Rahaman & Others
(Supra).
3. With the aforesaid observations & directions, this petition is
disposed of.
Sd/-
(Narendra Kumar Vyas)
JUDGE
Santosh
