6%) 5Q“ IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION UNDER ARTICLE 226 227 OF THE CONSTITUTION OF INDIA w.P. (S) No. Qmw /2o11 PETITIONER :: Smt. Papiya Barai, W/ o — Shri Ram Pada Barai, Aged about — 54 years, Music Teacher (PRT), Kendriya Vidhyalaya N.T.P.C.~II, R/o-C/569, Yamuna Vihar, Block—1, Jamnipali, Korba, Tahsil 85 District — Korba (C.G.) Versus RESPONDENTS :: 1.. Unio‘n oflndia / Acting through / Secretary, Department / of Energy 81; Power x Government 'of India, New Delhi. / 2. Kendriya Vidyalaya / Sangathan, 18, Institutional Area, Saheed Jeet Singh t Marg, New Delhi-1 10-0 16 Assistant Commissioner, Kendriya Vidyalaya Sangathan (Regional Officer) G,C.F. Estate, Jabalpur, / 48201 1 (M.P.) The Education Officer Kendriya Vidyalaya Sangathan, 18, Institutional Area, Saheed Jeet Singh Marg, New Delhi-1 10—016 // 5. ‘The Principal, Kendriya Vidyalaya N.T.P.C.—II, Jamnipali,Korba, Tahsil 85 District — Korba (C.G.) Laxman Kumar Kaushik, Teacher, /’ Lemka Central School, BSF, District Chura—Chandpur, Manipur State. x / / amt W (WH) WWW ammm WWW WWW§®21W $Wm hrivastava. $ J. B -: Hon’bie Shri Manindra Mo S ha 2Q’Q6-291 1 Shri K.A.Ansari, Senior Adv cafe along with Ms. Meera Ansari, counsel for the petitioner. Shri Santosh Tiwari, counsei f‘ r respondent No.1 on advance copy. This petition has been fiied by he petitioner aggrieved by order dated 3/6f2011, by which the petitioner ha been transferred from KV.S., NTPC, Korba to K.\i.$., NTPE, Dantewada. Learned counsei for the petiti ner submitted that the petitioner is an employee of handicapped category nd her husband is aiso posted at her present piace of posting. Learned ounsei for the petitioner submitSrthat even though the petitioner has give option to be given transfer to nearer station, she has been sent to very station. He submits that in case of transfer, consideration of speciai cir umstances has to be made, attending in a particuiar case of an empioyee ike the petitioner, where the petitioner is a handicapped empioyee. The transfer poticy ( nnex re W12) reads that white effecting T transfers the organizationat interest haii be given uppermost consideration and that the probiems and co straints of empioyee shaii remain subservient. The transfer poiicy in ciause-tt indicates that the transfer poiicy may take into Consideration, eciai circumstances in the matter of transfer. in the case of the petitio er, the. petitioner is appointed on two . speciai circumstances, one that the etitioner is handicapped and the other that her spouse is working in the sa e station. However, the consideration has to be made by the transferring a thority. it is too weii settied that in the t r p WW WW wés) M o W ...§..§§.§.é U200 mm (Wig) WWW wg.’ mafter of transfer, the Courts wouid iileg'aiity and malafide. i found that representation. Therefore, highiighting special circumstances k representation made, the case of the transferring authority, tn accordance (Annexure Pfi 2) and appropriate 0rd Learned counsel for etitioner submitted that representation is decided, the petition r may be aiiowed to continue. Having heid that the matter d es not warrant interference by this Court, i am not inciined to pass an interim order. WWW WWW mwmzgém %afm3n%§r Nevertheiess, if the, petitioner makes such request befor the concerned authority to not give effect to the transfer order, tiii repre entation is made, the same shaii be taken into consideration by the conce ned authority it is expected that tne representation if any, made by th petitioner snail be dectded by the respondent authorities as eariy as OSSIbie Within an outer iimit of one month With the aforesaid Observatio s / directions the petition is finaity disposed orf . Sd/- ,/.,._(~Mranindra Mohan Shrivastava Judge Deepii not interfere, ,aycept ,in the cases of the petitioner has not preferred any itioner may prefer representation, > the transferring authority.‘ On such petitioner shaii be considered by the with the tr sfer poiicy/ guideiines s may be passed. V the the tiii r. the pe' ' WW ;