@ ff wk, P SlNfiLE BENCH IN THE HIGH COURT OF JUDICATURE OF CHHATTISGARH w.P.(s.) No. S q OL /2011 / ETITIONER : Smt.‘ Shakuntla Meshram W/o Shri P Lokchand Meshram, Aged about 55 years, Oceupaticn Service Hostel Superintendent (U.D.T.) at Pre Metn‘c, Schedule Caste Schedule Tribe, Girls Hostel Durg, District Durg(C.G.) VERSUS RESPONDENTS 1. The State of Chhattisgarh Through: Secretaxy, Tribal WeLfaxe Department DJQS, Bhawan, Raipur (C.G.) The Collector Durg, District Durg (C.G.) Assistant Qommissioner, Tribal Welfare Department, Durg (C.G.) 4. / Smt Arati Gawade W/o Shri Tarachand Occupation Service Hostel Superintendent (U.D.T.) at Sehedule Caste Schedule Tribe, Post Gruate Girls Hostel Durg, District Durg(C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE NATURE OF MANDAMUS CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. The petitioner most humbly and respectfully begs to submit as under : >/ HIGH C01 JRT OF CHHATTISGARH AT BILASPI IR WRIT PETITION (S) N0. 5402 of 2011 ; T PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’hle Shri Satish K. Agnihntri. J. PETITIONER : Smt‘ Shakuntla. Meshram. VER SI IS RESPONDENTS : The State of Chhattisgarh & Others. Present: Ms. Morisha Chattri, Advncate for the petitioner. Shri S.K.Mishra, Panel Lawyer for the Slate/respondents 1 to 3. O R I) E R (Passed 14‘Wtember, on 201 1) Challenge in this petition is to the order datcd 15:07.2011 (Annexure Pl 1) whereby the petitioner, working as Upper Divisien Teacher and posted as Hostel Superintendent at Pre Manic Scheduled Tribe Girls HOStel: Durg, has been transferred to Post Mattie Scheduled Tribe Girls Hostel, Guru, on administrative 2. grounds, by the Assistant. Commissioner, Tribal Welfare? Durg. Learned counsel appearing for the petitioner submits that under the transferpolicy dated 13,06,201L it is clearly stated that. the Collector alone is competent to transfer the employees belonging 3; to class III and class IV services, on proposal made by the departments in approval ofthe minister-in-charge. In the ease on hand, it appears that the Assistant Commissioner, Tribal Welfare: Durg: 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 employee working in the concerned district, on proposal of the concerned departments. Thus, this suffers horn the defect of competence of the otticer. Accordingly, the transfer is unsustainable in the eyes of law, 4. As a result, the transfer order dated 15,072011 (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 extent M‘s-(177 SATISH K. ANGNH'IORI