H!GH COURTOF GHHATTISGARH, BiLASPUR WRtTPETiTION(S)NO.S569/2010 PETlTiONER Smt. J. Toppo (Smt. Jayleena ToppQ), W/o. Shri K. Toppo, aged about 43 years, working as Head Master, Primary Schoo! Majhipara, Ulnor, Biock- Bakawand, District Bastar (C.G.) 1. State of Chhattisgarh, Through: The Seeretary, School Education Department, D.K.S. Bhav/an, Raipur (C.G.5 2. District Education Officer, Jagdaipur, tt. Bastar (C.G.) 3. Block Education Officer, Block- Bakawand, Jagdaipur, Distrlct Bastar (C.G.). WRIT PETJTtONUNJ:)ERARTJCLE226/2270F^HECONSJlTU^^^^^ OF INDSA A&pearance: Mr. Paras ManiShrivas,Advocatefor.thepet.itioner. Mr. S,K. Mishra, Pane! Lawyerfor the State/respondents. ORALQRDER .12.; •UNiL KUMAR SiNHA.J. Heard finally with the consent of learned counsel for the parties. Petitioner- Smt. J. Toppo is working as Head Mistress in Primary School Majhipara, Ulnar, Block Bakawand, District Bastar (C.G.). By an order dated 15.07.2010 (Annexure-P-1), she was iransfe.rred from Majhipara to the Office of District Education Officer, JashpUr. on the option of the said authority for posting her in any school in Block Kunkuri. Since, the petjtioner was not relieved for a very iong period after, passing of the said order of transfer dated 15.07.10, thepetitipner fiied this writ petition rorthefollowing reliefs:- ' "(i) That, this Hon'ble Cpurt may kindly be pleased to direct the respondehtsauthorities to relieve Ihe petitioner from her working piace. ; (ii) Any other relief, vi/hich may be deemed fit by this 1-ion'ble 'Courtjusf and proper in the facts and ciroumstances ofthecsse may also be provided in favour of ihe petitioner." ^iii 4,' ^- WRIT PETITION (S) N0. 5569/2010 Notices were issued. The respondents have filed their return. The respondents have contended that as per transfer policy dated 22.06.10 (AnnexureR-1) and memo ofthe Divisional Commissioner, Bastar Division dated 02.08.2010 (AnnexureR-2), it has been directed that if any government servant is transferred from the Schedule area, he/she shall not be relieved Tor the transferred plaee unless a relieverjoins at the piace ofthe said employee. Mr. Shrivas submits that the aforesaid policy and/the cireular would not be applicable in case of the petitioner because nobody has been transferred in place of the petitioner, therefore.coming of any reliever as an incumbent of the petitioner does not arise. 1 have heard learned counsel for the parties at length and have a!so perused the contents ofthe documents (Annexure-R-1 & R-2). On perusal of Annexure-R-2, it appears that it has been directed in that circular that if somebody has been posted at the place of the employee who has been transferred from Bastar Division to any other division, then the employee would not be relieved unless the incumbent comes and-joins at the place offhe transferred employee. !n the present case, as per order dated 15.07.2010 (Annexure-P-1), nobody has been transferred/posted to Primary School Majhipara, Ulnar, where the petitioner was posted, Inthe reply also, np averment has been made that somebody is posted at the place pf the petitioner and he/she has not joinedthere. . ]n viev!/ of the above, since nobody has been transferred/posted at the place of the petitioner and it is stated at Bar that the order of transfer of the petitioner has not been cancelled till date.the relieving of the petitioner from her present piaceof posting cannot be keptin absence for indefinite period. If a person has been transferred frpm a piace, it is for the GovernmenVEmployer to see and make arrangements aslo hpw, he/she can bereiievedfromthatptace. , ~~ . Forthe foregoing reason, the petition isallowed. !t is directed that the respondents shall take necessary steps to relieve the petitioner from herpresent place of ppsting for joining to her trahsferred place within a period of 30 days from the date of production of the certified copy ofthis order before th^m. With the above observations/directions, the petitionstands finaliy disposedof. Thereshali be noorder as to costs. • /' °"' „. ^ SwnilKumaESinna Judge cr