@9 Single Bench IN THE HON’BLE HIGH COURT OF CHHAT'HSGARH AT BILASPUR (c.G.) WRIT PETITION (S) No. &7§g OF 2011 PETITIONER : Smt. Ashok Bai Sulyavanshi, widow of late Ram Dayal Suxyavanshi, aged about 36 V1...... . years, at present working as Peon, Govt. Higher Secondary ws ...... a School, Kothari, Block Kartala, $0 ‘0‘ O District Korba (C.G.), VERSUS RESPONDENTS 1)” State of Chhattisgarh, Through: The Secretary — School Education / 3) Assistant Commissioner, Adivasi Vikas, Korba, District Korba (C.G.), 4)‘/District Education Officer, Korba, District Korba (C.G.), 5) Block Education Offlcer, Block Kartala, District Korba (C.G.), W” 6) Principal, Govt. Higher Secondary School, Kothari, Block Kartala, District Korba (C.G.), wwwmriw‘ ww Department, D.K.S. Bhawan, Mantralya, Raipur (C.G.) W, 2) Collector, Adivasi Vikas, Korba, District Korba (C.G.), é) N WRIT PETITION UNDER ARTICLE 226 227 OF THE \ CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITIWRITS, ORDERzORDERSz DIRECTION z DIRECTIONS etc. ‘WWW‘ , ,O 2E HIGH COURT OF CHHATTISGARH AT BxLASPUR WRrr PETITION (S) No. 4758 of 2011 WRIT PETITION UNDER ARHCLE 226/227 OF THE CONSTITUTION OF NDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Smt. Hamida Siddique, Advocate for the petitioner. Shd Anm Sao, Govsmmsnt Advocate for the State/respondents. ORDER (ORAL) (Passed on 19m day of August, 201 1) Challenge in this petition is to the order dated 04.08.2011 (Annexure P/l), whereby the petitioner working as Peon at Higher Secondary Sbhool, Kothari, has been transferred to Middle School Birtarai, Kartala, District Korba, on administrative grounds. 2. Smt. Siddique, learned counsel appearing for the petitioner submits that the impugned transfer order has been passed under the rationalization policy by the Assistant Commissioner, Tribal Welfare Department, Korba. However, under the transfer policy dated 13.06.2011 issued by the State Government, the Collector alone is competent to transfer the employees belonging to class III and class IV services on proposal made by the departments in the approval of the minister-in-charge. 3. In the case on hand, it appears that the Assistant Commissioner, Tribal Welfare Department. Korba, without following the guidelines issued in the transfer policy, has passed the impugned order, when the Collector has been assigned the responsibility of transfer of the employees working in the concerned district, on proposal of the concerned departments. Thus, this suEers from the defect of competence of the officer. Accordingly, the transfer is unsustainable in the eyes of law. 4. As a result, the transfer order dated 04.08.2011 (Annexure P/l) in respect of the petitioner is quashed. However, liberty is reserved to the government to pass appropriate order, if so advised, in accordance with law, in administrative exigency and in public interest. 5. Accordingly, the writ petition is allowed to the above efg% PETITIONER : Smt. Ashok Bai Survavanshi. VERSUS RESPONDENTS : State of Chhattisgarh & Others.