PETITIONER 9‘“ RESPONDENTS g 7,7 C gvxo" IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR. WRIT PETITION No. Z405 OF 2004 Smt. Aruna Channe W/o Shri Sunil Kumar Channe Aged about‘ g4 @A’N years, ASSIStant Teacher, Govt. w§ A Prlmary School, Pump House, Korba, District Korba, (C.G.). VERSUS $ ¢§4% x:\\ éV\ l. State of Chhattisgarh, Through: The Secretaly, School Education Department, D. K. S. Bhawan, Raipur, (C.G.). 2. The Director, Directorate of Education, Raipur,‘ (C.G.). 3. The Collector, District Korba (C.G.). 4. The District Education Officer, Korba, (C.G.). 5. M. ‘D. Chandra, Assistant Teacher 6. C. Rt Kanwar, Assistant Teacher 7. M. L. Dewangan, Assistant Teacher k we 8. Usha Chatur, Assistant Teacher 9. Nivedita Banjara, Assistant Teacher 10. Sultana Khanam,Assistant Teacher m. www “m: WW. v The above named respondent no. S to 10 are posted in Govt. Primary School, Pump House, Korba, District Korba, (C.G.). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER IN THE LIKE NATURE ETC. XI~HC-22 m m 3—§—2i}04 _ Shn' Rajesh Pandey, counsel ft Shri V.V.S. . Murthy, Dy. Ad PL. for the State. . Application for urgent hearing Heard. Learned counsel for the petitioner submits that the matter relates to iner is; a teacher and her husband is s posted at Kor‘oa. He also submitted inateiy. He submitted that respondents years in the same school but they have not been transferred. The transfer is an exigency or in National Hvdroelectric Power Ci 'anr. (2001(3)SCC 574), in Union Debanath and another (2004(4) sc< considereo in State of U.P. and otht Supreme 750. The Hon’ble Supre (Supra) in para 5 has held as under:- “5. The High Court witil eonst'z'tutt'ony k cl gone into the question as to whether the transfer was z) the interest ofpublz‘c service. That would essentially recaz're factual aclfuclicatlon and invariably depend upon pee {Ziarfacts and circumstances of the case concerned. No gov rnmem servant or employee ofa public undertaking has anyl gal right to be posreclforever or any one particular place or lace oflc'is choice since transfer ofaportz'cular employee op} ointea’ to the class or category of "K WeW transfer. He submits that the petiti‘ working in Health department ami f that she has been transfelred discrim no. 6 to 9 are working since ias‘t 2O )r the petitioner. . v. General with Shri Sandeep Dubey, i3 allowed. ‘serviee. The Hon’ble'Supreme Court >rporation Ltd. —v—Shri' Bhagwan and of India and others —v- Janardhan 3 243) and these cases have also been 31‘s —v- Siva Ram and Am: (2004(5) e Court in State of UP. and others exercising jurisdiction under Articies 226 and 227 of th Constitution ofimiz'a, 1950 (in short the ‘r’ m m e J transferabie posts ‘from One madam, bur a conditior} ofs} interest and e§‘icz‘encv in thep \ order qffmihfer isyshoww ti exercise or stated to be in Vi prohibimqg any such tramfe normaZly cannot inteifere wz rom‘ine, as ihough they w substizmz'ng their awn ( \ empioyer/management as ag4 interest ofaa’ministmiive exig‘ This positioa was highiigkm Hvdroeiectrz‘c Power Coward Aw. (2001(3)SCC 574,). ” Having thus considered, in the will be served if an opportuniiy S give reprESsmaiion highlighting the diExcu}? she isamfer and the non-desirability thereof before the competent auihoriiy of the respondents along with a copy 15 (iavs; and on such repi‘esonmtion bl the respon’dants shall consider the grol aocordzmoe with law as early as possil she date ofs‘eceipt ofthe represem‘ation. With the aforesaid observa‘iions this stage with liberty to the petitioner may avail the remedy under 121w. Consequently M.W.P.No. 2132/200 (1C. as per rules. : [ Fakhruddin Judge place to other is nor oniy an erw‘ce, weoessary foo in public MbZic administrafion. Unless an 9 be an outcome of malaj3de elation of statutory provisions r, the court‘s or ihe tribunals if}? such orders asa marten of are the appellal‘e am‘hormes lecisfon for that of ihe En'nst suck orders passed in lice enez‘esofthe service concerned. lad by the Courr in National ‘mon Ltd. v. Shri Bhagwan and Fpinion of this Court, ends ofjustice n to the petilioner to make a detailed ies which may or’ have resulted from : 4 also stands diseosedig’ \ 5d]- of the petition and illis order, Within :ing filed. the compelent authoritv of mds in its proper perspective and in ale preferably wiihih six weeks from , this, petition Stande disposed of at ihat if his grievance still remain, he