Rampyari Gajbhiye vs State Of Chhattisgarh
2022 Latest Caselaw 4415 Chatt

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                                                                   NAFR
         HIGH COURT OF CHHATTISGARH, BILASPUR
                       WPS No. 4722 of 2022
    Rampyari Gajbhiye W/o Brahmanand Gajbhiya Aged About 56
     Years Head Master, Government Primary School , Narharpur,
     District Kanker, Chhattisgarh Pin - 494333 R/o Ward No.6,
     Narharpur, District Kanker, Chhattisgarh Pin.- 494333
                                                         ---- Petitioner
                                Versus
   1. State Of Chhattisgarh Through The Secretary, School Education
      Department, Mantralaya At Mahanadi Bhawan, Atal Nagar, Naya
      Raipur , District Raipur Chhattisgarh 492002
   2. Director Directorate Of Public Instrucation, First Floor, C-Block ,
      Indravati Bhavan, Atal Nagar, Naya Raipur , District Raipur
      Chhattisgarh , 492002
   3. District Education Officer School Education Department, North
      Bastar, Kanker, District Kanker Chhattisgarh , 492002
   4. Collector North Bastar, District - Kanker Chhattisgarh
   5. Shri Hemkumar Thakur Asst. Teacher (Lb) Posted At -
      Government Primary School , Narharpur, District Kanker,
      Chhattisgarh Pin - 494333 , Through - District Education Officer,
      School Education Department, North Bastar, Kanker , District
      Kanker Chhattisgarh 492002
                                                      ---- Respondents

For Petitioner : Mr. Tanmay Thomas, Advocate For State : Ms. Hamida Suiddiqui, Deputy Advocate General

Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

12.07.2022

1. Learned counsel for the petitioner would submit that petitioner was initially posted as Assistant Teacher on 21.07.1999 at Government Primary School, Badepneda, Kosadhara which is core Schedule Area. Thereafter, she was transferred to Government Primary School, Imlipara, Block Narharpur which is a Schedule Area. She was promoted to the post of Head Mistress vide order dated 08.02.2022 and posted at the same place. However, vide amended order dated 22.06.2022, her

place of new place of posting has been made to Government Primary School, Goginpara, Block Koylibeda which is again core Schedule Area. This is not permissible under the Policy of the Chhattisgarh Government dated 03.06.2015 for posting of the Government servant.

2. He would further submit that the petitioner's son is mentally challenged child, she has filed medical certificate also to this effect also. She may face difficulties in going to new place of posting at Goginpara, Block Koylibeda.

3. 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"

4. In view of the above stated position and considering the facts and circumstances of the case that the petitioner's son is disabled person and considering the fact that the petitioner has been again posted in core Schedule Area, I am inclined to stay the transfer order giving liberty to petitioner to make

representation before the concerned authorities within four weeks from the date of receipt of copy of this order. In the eventuality of the filing of the representation, the respondents authorities are directed to consider the case of the petitioner strictly as per the Policy dated 03.06.2015 and also consider the difficulties of the employee as per law laid down by the Hon'ble Supreme Court in the matter SK Naushad Rahaman & Others (Supra) and decide her representation within three weeks from the date of receipt of representation. Till the representation is decided the transfer order of the petitioner shall be remained stayed.

5. With the aforesaid observations & directions, this petition is disposed of.

Sd-

(Narendra Kumar Vyas) Judge kishore