* t 0-5^. IN THE HONBLB HIGH COURT OF CHHAmSGARH AT BILASPUR(CHHATTISGAR WRIT PBTmON(S) N0. S^<9'/2009. PETmONER: / Smt.LaBi Jyotsana, wife of Shri D.N.Danial, aged about 51 years, working as Head Mistress, Oovt. Pniaaay School, Chokawada»District Bastar, Jagdalpur, Chhattisgarh. ResQondente ^5<9> ^^•^••'' ^^y ^..••^^,).--" ^11''.^'' y ^y/-"" .^p' . *** ~^y^'' Vs" : versus i/l. State of Chhattisgarh, throu^i Secretary, School Education Department, Dau Kalyan Singh Bhawan, Raipur, Chhatdsgarh. /2. District Educatioa Officer, Bastar, District Bastar, Chhattisgarh. WRTT PETITION UNDER AOTICLE 226 OF THE coNsnTunoN OP INDIA ^fc K^, HK3H COURT OF CHIlATTISGARH : BIL^PUR WRn'PETmON(SlNO.%87/2009 PETITIONER Smt. Lalli Jyotsana RESPONDENTS Versus State 6f Chtattisgarhand another (Writ PetiBon under Artide 226 ofthe ConsBhition of Indta) Sinate Bench: Hon'bleShri Safish K. Aanihotri. J. Present: - Shri P. K. Venna, Senlor Advocate wlth Shri K. S. Pawar, counsel for the petitioner. Shri Arun Sao, Govt. Advocate with Ms. Suntta Jain, Panel LawyerforfteState. ORALORDER (PassedontWs 5"'day of October, 20M) With ttie consent of tearned counsd for the parties, tiie matter fe taken up for hearing finally. (2) Learned Senior Advocate apRearjng for the piBtiUpner sulxnits that ttie petitioner, who is worldng as Head Mi^ress, has bew transferred from Govt. Primaiy Sehool, Chokawada, Jagdalpur to Govt. Rimaiy Sctool, Mohlai, Bakawand, where no vacant post is avaitabte and one Head Mistress is already woridng Ihere. There is no order transfemng the said Head Mistress toany other place and, as such, in one place, Vwo persons cannot workon the same post. Leamed Senior Advocate furthw submits that the aforesaid transfer is confrary to the circular dated 12 July, 2006 (Annexure P-5) issued byfheGeneral AdministrationDepartment, State of ChhatUsgarh, Raipur. (3) In view of foregoing, the State authorities are directed to consider and pass appropriate orderas Uie petitioner has been transferred to the Govt. Primary School, MQhlai.Bakawand whera no vacant post is availabte, in order to avoid further complication. The impugned order shall not be giveneffecttottnproperplaceofpostinghasbeengiventothepetitioner. (4) Wrth the aforesaid observation, the writ petifenstands disposed of. -: :, Sd/- SatisIiK.Agnihotri Tumane Judge