\a c / ^l' BEFORE THE HON'BLE HIGH COURT QF CHATTISGARH AT BILASPUR W^P.(S) No._4?^_/_2oo9 singse PETITIONER A ^^ {^-- \^"" y-^^ ..^^^..s>- [.Vibha ChoxSlbey D/o Late Vishnu Prasad Ghowbe, Aged about 53 years, Lecturer, Government. Multipurpose Higher Secondary School, Durg, R/o New Durga Mandir, Brahman Para, Durg (C.G.) RESPONDENTS 1) 2) State of Chhattisgarh - through the Secretaiy, School Education Department, DKS Bhavan, Raipur (C.G.) The Under Secretaiy, School Education Department, DKS Bhavan, Raipur (C.G.) y~ 3) The Director, Public Instructions, Raipur (C.G.) 4) The District Education Officer, District Durg, (C.G.) 5) The Director, S.C.E.R.T., Shankar Nagar, Raipur (C.G.) WRrLPETITION UNDER ARTICLE 226 OF THJ; CONSTITUTIONOF INDIA -^' HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 4858 of2009 Vibha Choubev. RESPONDENTS VERSUS State ofCUiattisgarh & Others. WRITPE1THON UNDER ARTICLE 226 QFlHE_CQNS'im;nON_QF INDIA SB: Hoii'ble Shri Satish K. AeiuhotrLJ, Present: Shri P.R.Patankar, Advocate for the petitioner. Shri Kishore Bhaduri, Additional Advocate General with Shri Shashank Thakur, Panel Lawyer for the State/respondents. (Passedon Ol31 dayof.'^ugust, 2011) 1. Challenge m fhis petition is to the order dated 04.09.2008 (Annexure P/5) whereby the order dated 30.06.2008 has been amended and the petitioner, working at Government Multipurpose Hider Secondary School, Durg, has been transferred to District Institute of Edueation and Training, Dhamtari, instead of Govennnent Higher Secondary Scfaool, Anjora, District Durg. 2. Leamed counsel appearing for the petitioner sufanaits that the petitioner is an unmarried lady, aged about 55 years and is suffering from serious aihnent. Earlier the petitioner had filed a writ petition being W.P.(S) No. 5021/2008, cfaallenging the order dated 30.06.2008 whereby she was transferred to Anjora, District Durg. The said petition was disposed ofvide order dated 10.09.2008 with a direction to fhe respondent auttiorities to consider the representation of the petitioner in an objective manner, Fuither, it was ordered that no coercive steps shal! be takea till the disposal ofthe petitioner. Afler making a representation by the petitioner, the impuened traiisfer order Cffl was passed transfen-ing the petitioner from Durg to Dhamtari. Shri Patankar lurther submits that there is no proper facility for treatment of the ailment of fhe petitioner at fhe place, where she has been transferred and thus, it appears that the representation ofthe petitioner has not beea decided in an objective manner. 3. Shri Bhaduri, leamed Additional Advocate General appearing for the State/respondents submits that fhe appropriate orders shall be passed in regard to posting ofthe petitioner at a place where the petitioner can get proper treatment and medical facility keeping in view the serious aihnent ofthe petitioner. He fiirfher submits that since the eftect and operation ofthe impugned order dated 04.09.2008 (Annexure P/5) was stayed by this Court on 22.09.2009 and the impugned order could not be eiven effect to, fhe State shall not insist upon compliance of the impugned order dated 04.09.2008 (Anaexure P/5) and fresh order in respect of transfer and posting of the petitioner shall be passed keeping in view fhe facts and circumstances, as aforestated. 4. In view ofthe above, according to learued counsel for the petitioner, nothing survives in this petition for adjudication. 5. Accordingly, the writ petition is disposed of. _.__——^ Sd/- SatishK.Agnihotn Judge Amit