SIW^. c^- \sff^^- BEFORE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No 3^ /2009 PETITIONER ^,.-J^^ .^^••': ^-9 ^^5" ^^ ^" ^^>*r\y i^ ^^' ^-" VERSUS Smt. Laxmi Thakur, wife of Shri Arjun Singh Thakur, aged about43^^ years, Posted as Upper Division Teacher in Government Middle School Aundhi, Block Manpur, District Rajnandgaon (C.G.) RESPONDENTS ^- .- 1) StateofChhattisgarh, Through: the Secretary, Tribal and Schedule Caste Welfare Department, D.K.S. Bhawan, Raipur (C.G.) 2) The Collector, Rajnandgaon, Coltectorate, District Rajnandgaon (C.G.) -'3) The Assistant Commissioner, Tribal Welfare Department, Rajnandgaon, District Rajnandgaon (C.G.) 4) The Block Education Officer, Manpur, District Rajnandgaon (C.G.) ,5) Shri Rajesh Munat, In-charge Minster for District Rajnandgaon and Cabinet Minister Urban Welfare, Accommodation and ^ Environment and Transport Department, R/o Opposite New circuit House Near Civil Lines, Raipur (C.G.) WRIT PETITIQN UNDER ARTICLE 226 OF THE CONSTITUTION OF1NDIA. f^ •^^ HIGH COURT OT CVEaM^GASH AT BILA8PUR .:.\.- SB : HON'BLESHRIJUSTICBlPRITINKERDIWAKER -^L W.P.tSrNO. 3804/2009 PBTITIONBR Smt.lLaxmiThakur Versus i RBSPONDBNTS 'SfateofC.G. 8s Others WRIT PBTITION UWDBR ARTICLB J226 OF THB CONSTITUTION OF mpiA Appearance: Shri Anup Majumdar, counselifor the petitioner. Shri YashwantSingh Thakur, Dy. A,G. for the State. OR&LORDER (24.07.2QQ9) • Challenge in the present pefition is to the prder dated 30.06.2009 (Annexure P/1) and order dated 6.7.2009 (Annexure P/2). Vide order dated 30.6.2009 thepetittonerwhojisworkingas Upper Division Teacher has been transferred from Aadivasi Kanya Ashram^ Aundhi^ Block Manpur tp the option of Block Education Officer, Manpur. Vide orderdated 6.7.2009 theorder of the petitioner (Annexure P/2) was modified but the posting of the petitioner remain in the sajne place.^ Contention of counsel for fhe petitioner is that the order impugned has been issued in complete violation of the transfer policy in particular, Clause 1, 2 and 9(1). He further contends that in his present place of posting;, the petitioner has joined pursuant to the order dated 19.12.2008 and thus he has npt even completed one year. He further submits that the petitibner has been transferred even without assigning the place of posting. On the other hand, counsel for the State submits that the transfer policy is merely a guidelme however the State Govemment is making sincere efforts to follow the same. He submits that the petitioner has no right to remain in a particular place for ever or has any right fo choose the place af posting. He further submits that the petitioner has been transferred at the option of Block Educatbn OfHcer, Manpur and she would be given suitable assignraent. It has jbeen further submitted that by the order dated 19.12.2008y the petitioner was promoted as Upper Division Teacher and wasj posted at Government Middle School Aundhi and prior to that also it was merely a shifting from one school to another in the same|place. I have heard counsel for the parties. I find no reason to mterfere with the order impugned dated 30.06.2009. The petition has nb substance and the same is accordingly dismissed at the motion stage Itself. Sd/- PritinkerDiwaker Judge