Prachi Mishra vs State Of Chhattisgarh

Sanjay K. Agrawal, J

This writ appeal is directed against order dated 12-5-2022 passed by the learned Single Judge in W.P.(S)No.3505/2022 by which the learned Single Judge has disposed of the writ petition directing the State to decide the representation in accordance with law and in accordance with the policy governing the field.

Mr. T.K. Jha, learned counsel appearing for the appellant, would submit that though the petitioner’s case has not been considered on merits and representation has been considered and to be decided on its own merit, but the learned Single Judge ought to have passed order staying the order of transfer till the disposal of the writ petition or at least for a period of two weeks, the order of transfer could have been stayed and he would rely upon the decision of this Court in W.A.No.256/2022 (Mohan Singh Kanwar v. State of Chhattisgarh and others), decided on 13-5-2022, to buttress his submission.

Mr. Raghavendra Pradhan, learned Additional Advocate General, would oppose the submission of learned counsel for the appellant.

We have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection.

True it is that the writ petitioner’s case has been finally disposed of directing the official respondents to consider and dispose of the representation to be preferred by the appellant, but interim order has not been granted. A coordinate Bench of this Court in Mohan Singh Kanwar (supra) which relates to the post of Deputy Director, District Planning and Statistics Office, Korba, has directed the appellant therein to file representation and ordered that till the representation of the appellant therein is decided, the order of transfer shall not be given effect to. The present appellant is working as Deputy Director, District Planning and Statistics Department, Raipur and by the impugned order, she has been transferred to Narayanpur.

In that view of the matter and considering the fact that the appellant is a woman aged about 42 years and she has been transferred to Narayanpur, we are inclined to direct that representation will be made by the appellant within three days from today and it shall be considered and decided by the respondent / State within next three weeks and for the period of three weeks, the impugned order of transfer dated 2-5-2022 shall not be given effect to. It is ordered accordingly.

With the aforesaid observation and direction, the writ appeal stands finally disposed of. No order as to cost(s).

Consequently, I.A.No.1/2022 for grant of interim relief, I.A.No.2/2022 for urgent hearing and I.A.No.3/2022 for listing the case during summer vacation, also stand finally disposed of.

Certified copy today.