@ CH 6Q“ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: (6,6), WRIT PETmaN No,‘$2%7/2oo‘3 / Assistant Directar' Tribal Development, Ker-bu, Distt. Korba ( C.G.). // WRIT PETITION UNDER ARTICLES 226 & 227 OF THE CONsTITUTIoN OF INDIA, 1). Particulars of the petitioner: As per- oause title. - PETITIONER: Smf. Shakum'aln Nirala, W/o 5hri GR. Nimla, aged 3O year's, Working as Ass? Teacher and In—charge Ashram Supermfenden‘f Tribal Kanya Ashram Gharlpakhna / Q. gag” Block : Podl Uprooda, Dls'r. Korba (CG) 56W ‘w v . a 0;““w‘w M \Q‘ \ w" # - V e r s u s - RESPONDENTS: 1). Sfafe of Chha‘rfisgar-h Through: The Secretary, Deparfmenf of Scheduled msfes & Scheduled Tribes Development Manfralaya, D.K.5. Building, kaipur (C.G.). The Direc‘l'or, Direc‘l’orafe of Scheduled Castes and Scheduled Tribes Development, Raipur (6.6) "\ 33/ T ¥ T X1-HC-22 / . W mam' nag).¥ gg$9<D 2M ma Wm \ Wm WW WWW-wifg'ihm ‘ mmam mmanw‘vr 38-11-2003 Shri Prashan‘r Mishra. caunsel for the pafifioner. Miss Sharmiia Singhai, Depufy Governmenf Advoca‘re fakes nofice for 'x respondenfs. gy *i-hispa‘rimn fiied under Ar’rices 226/22? ef 1he Cons?i’rufion of g India, ?he pei‘i‘riena" seeks Ta challenge fhe Transfer order Annexure—P/I dmmd 21—8-2003 by which she has bean fransfer'red fmm fhe Office of Ashram Superimendenf, Gharipakhm “o éover'nmen‘r Higher Secondary Scheol, Manendmgar‘h. Nae pe‘mioner is working as an Afsis'ran‘r Teacher and wasappoimed cm fhaf pas? on 29-6—1993 and in The presen‘r place of posfing +he pefifioner- is warking since 20-12-1995. The pe’riifoner‘s husband 5hri Gk. Niraia is wcrking as 6eneral Majdoar/Piece Raf ed Loader in SECL and presenfiy iposied a‘i Singhar‘i Pi‘ojeci' situcded {in a disiance of 11 kms. from , gnaripakhna. The pefiiioner’s fafher- n-Iaw Shrii Sadhuram Nirala is a ‘pa‘i'ienf 0f acuie paralysis and he was aisa an employee of SECL. l’ i \i" ET is submi‘i‘ied Tha‘i‘ in The impugned fransfer arder' na oiher perscn l has been braughf in 'ra ‘ihe Ashram as Ashram 5uperin’renden'i, Ghcnfipakhna. The peiii‘ianer has fwo daughfer‘s namely, Dhanshri, aged abau‘l’ 5 years’and Somashri, aged aboui‘ 9 monihs and on accoum‘ of fhie fransfer ii- wjll be Every aifficulf for ihe pe‘iiiiener to manage The affairs of her family while lserving a‘r Monendragarh. Normally 'ihe Assisi-an? Teacher is no'i‘ XI—HC—22 mmwm H _ EmWWm‘i%QQrWI $Wam‘m Z transferred ouT of fhe disfr'icf, as fhe seniorify Iis-T of fhe Assisfanf Teacher's is mainfamed at disfr‘icf level I have heard The iearned counse! for fhe pam‘ies. Learned caunsel for The peth‘ioner submi'rs Thaf The pe'rifianer’s husband is warking a’r Singhari Projecf which is 11 kms. away from fhe presenf place of posfing of The peTiTicner and The peTiTEher has Two small chiTdren and ailing faTher-in-law and if z§he jeins aT Manendragarh Then it wi” be very difficuh' for her To manage her family affairs. Morecver, being an AssisTanT Teacher she should noT have been Transferred auT of The disTricT as The senioriTy lisT of The AssisTanT T achers is mainTained aT‘disTricT level. He furTher submiTs ThaT The peTiTion may be allowed To make a deTailed represenTaTian raising all her grievan s To which The learned counsel for respondenTs has no objecTion. Having heard The learned couns lfor The parTies and having regard To ; The facTs and circumsTances of The co , The peTiTioner is allowed To make a deTailed represenTaTion raising all he grievances To The respondenT no‘Z wiThin a period of 10 days from Tod and in Turn, respondenT no. 2 will decide The represenTaTion of The peTiTi ner wiThin a period of 30 days from The daTe of receipT of The represenT ion considering ail The grievance of The peTiTioner and shall pass a reasone order in an objecTive manner. If The peTiTioner is noT relieve from The presenT place of posTing, Then she may be allowed To conTinue in presenT place of posTing Till The represenTaTion is decided. /// | \ {aedisa - XI>HC«22 A2003 and 1A. Na. 9629/2003 also