Chattisgarh High Court
Pushpa Kumari Kanwar vs State Of Chhattisgarh on 7 July, 2022
Page 1 of 2
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 4700 of 2022
Pushpa Kumari Kanwar W/o Shri Madan Singh Kanwar Aged
About 35 Years (Working As Asst. Teacher Lb At Primary School
Mahalinebhata Development Block Katghora), R/o Nawapar,
Katghora, District Korba Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, School Education
Department, Mantralaya, Mahanadi Bhawan, Thana And Tahsil
Naya Raipur Civil And Revenue Distt. Raipur, Chhattisgarh
2. Under Secretary School Education Department, Mantralaya,
Mahanadi Bhawan, Thana And Tahsil Naya Raipur, Civil And
Revenue Distt. Raipur , Chhattisgarh
3. Director Directorate Of Public Instructions Department Of School
Education, Indravati Bhavan, Nawa Raipur, Civil And Revenue
District Raipur, Chhattisgarh
4. The Collector Korba, District Korba Chhattisgarh
5. Joint Derector Education Office , Division Bilaspur, Tarbahar,
District Billaspur, Chhattisgarh
6. Block Education Officer Block Katghora, District Korba,
Chhattisgarh
---- Respondents
For Petitioner : Mr. Vivek Mishra, Advocate.
For Respondents/State : Ms. Hamida Siddiqui, Addl. A.G.
Hon'ble Shri Ju stice Narendra Kumar Vyas
Order on Board
07/07/2022
1) Learned Counsel for the petitioner would submit that petitioner has
been transferred from Mahlinebhata, Katghora to Nanpaka, Pali
vide impugned order Annexure P/1 dated 06.06.2022. He would
further submit that new place of posting is 40 km from the present
place of posting and she has school going children. Their studies
will be adversely affected in transferring to new place of posting,
therefore, she has made a representation before the respondent
authorities on 16.06.2022 (Annexure P/6). He would submit that
the State authorities may kindly be directed to consider her
representation.
2) 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 SK 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"
3) In view of the above stated legal position and considering the facts,
it is directed that the concerned authorities shall examine the
personal difficulty of the petitioner while deciding the
representation in view of the law laid down by the Hon'ble
Supreme Court in the matter SK Naushad Rahaman & Others
(Supra) within an outer limit of four weeks from the date of receipt
of copy of this order.
4) With the aforesaid observations & directions, this petition is
disposed of.
-Sd/-
(Narendra Kumar Vyas)
Judge
Deshmukh
