Nutan Chelse vs State Of Chhattisgarh

Heard Mr. Abhishek Pandey, learned counsel, appearing for the appellant. Also heard Ms. Astha Shukla, learned Government Advocate, appearing for the respondents.

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.

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.

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.

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.

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.

The present writ petition accordingly stands disposed of.”

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.

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.

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.

Accordingly, the writ appeal stands dismissed. No cost.