Sangeeta Komre vs State Of Chhattisgarh

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

The present appeal is preferred against an order dated 11.11.2022 passed by the learned Single Judge in WPS No. 7221 of 2022, whereby the writ petition preferred by the appellant, challenging the order of transfer dated 30.09.2022, was dismissed.

The order of transfer goes to show that the petitioner is transferred from Government Higher Secondary School, Abhanpur, Block Narharpur, District – Kanker to Government Higher Secondary School, Tadoki, Block Antagarh, District – Kanker.

There is a Government Boys Higher Secondary School as well as Government Girls Higher Secondary School in Abhanpur.

By an order dated 14.06.2010 (Annexure-P/2 of the writ petition), the appellant was posted at Girls High School, Abhanpur, Janpad Panchayat, Narharpur.

Mr. Mishra submits that, subsequently, school of the petitioner was merged with the School Education Department and consequently, it has become a Higher Secondary School.

In the order of transfer the word ‘Girls’ was not mentioned.

Ms. Shukla submits that one Yogeshwar Kumar was transferred to “Government Higher Secondary School, Abhanpur, Block Narharpur, District – Kanker” and he had joined in the Government Boys Higher Secondary School, Abhanpur. It is also submitted by her that Yogeshwar Kumar was transferred by the same order dated 30.09.2022 and on such joining, he is drawing his regular salary from the Government Boys Higher Secondary School, Abhanpur.

Apparently, nobody has been transferred to the place of the petitioner.

The learned Single Judge dismissed the writ petition on the ground that the petitioner failed to show any certificate issued by the Principal that the petitioner is posted in Government Girls High School, Abhanpur. The learned Single Judge also rejected the other contention raised by the petitioner that the transfer order is in violation of clause 3.4 of the transfer policy, inasmuch as while transferring the petitioner, who was posted in a scheduled area, no replacement has been made.

The petitioner, by means of Annexure-P/2, has demonstrated that she is posted in Girls School and therefore, rejection of the first contention of the petitioner, on the ground that no document issued by the Principal was furnished, cannot be sustained.

It appears that there was no application of mind when the transfer was effected, as even the name of the school is not properly mentioned.

The petitioner, in view of the interim order passed by this Court, is continuing in the very same place i.e., Government Girls Higher Secondary School, Abhanpur.

In view of the above discussion, order of transfer of the petitioner as well as the order of the learned Single Judge are set aside. Liberty is, however, reserved to the respondents to transfer the petitioner in public interest in case of administrative exigency, if so advised.

With the aforesaid observation, the writ appeal stands disposed of.