">' HIGH COURT OF THE CHHATTISGARH AT BILASPUR W.P. (S) No. 5361 of 2009 Petitioner Smt. Pramila Shrivastava aged 58 years, W/o D.N. Shrivastava, Upper Division Teacher, J.R.D. Govt. Multipurpose hlr. Sec. School, Durg, Distt. Durg (CG) Versus 1 State Govt. of Chhattisgarh Through- Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2 District Education Officer, Durg (C.G.) Writ Petition under Article 226 of the Constitution of India Respondents o Appearance: Mr. Somkant Verma, Advocate for the petitioner. Mr. Rajendra Tripathi, Panel Lawyer, for the State/respondents on advance copy. ORAL ORDER (29.07.2010) SUNIL KUMAR SINHA. J. Heard finally with the consent of the parties. Petitioner- Pramila Shrivastava has filed this petition challenging her order of transfer dated 9.9.2009, by which, she was transferred from Middle School No.1, Durg to Middle School Khursidih, Durg. Mr. Somkant Verma, learned counsel fpr the petitioner, submits that the above transfer order dated 9.9.2009 (Annexure-P/1) was passed in violation of guidelines issued by School Education Department; the transfer of the petitioner was not done on the recommendation of the Committee at Block Level. He also submits that the petitioner was a disabled lady suffering from severe ailment, therefore, she would not have been transferred by the impugned transfer order dated 9.9.2009 (Annexure-P/1) This Court while entertaining the writ petition granted an interim order in favour of the petitioner on 18.9.2009 and directed that the status quo in respect of the posting of the petitioner, as obtained on the said date, shall be maintained, till the next date of hearing. ^,,^^, ^ \ 'sm '^ iv i--~y'y W.P.(-S)No. 5361 of 2009 Mr. Somkant Verma submits that as a consequence of the interim order granted by this Court on 18.9.2009, the petitioner is still working in Middle School No.1, Durg (old ptace). The arguments retating to the merits of the case is opposed by learned counsel for the State. He argues that the lady was posted on a transferable post, therefore, she could have been transferred to any place. He also submits that there is no violation ofthe guidelines issued in this regard. Be that as it may, since a long time has elapsed after passing of the interim order by this Court and the petitioner has availed her posting at old place as an effect of interim order granted by this Court, 1 do not find any justification in deciding the issue raised by the parties on merits at this stage. However without expressing any opinion on the merits of the case, 1 deem it appropriate to direct the respondents not to insist the petitioner for compliance of the order of transfer dated 9.9.2009 at this stage. Accordingly, writ petition is finally disposed of with a direction that the respondents shall not insist upon the petitioner to comply the transfer order dated 9.9.2009 and she shall be allowed to continue at her present place of posting. However, the respondents shall be free to post the petitioner at any place on the future administrative exigency. The petition, therefore, is finally disposed of. Interim order granted on 18.9.2009 stands vacated. There shall be no order as to cost. __—- Sd/- Sunil Kumar Sinha Judge (^' ..^'+H