<; HON'BLE HIGH COURT OF JUDICATURE AT BILASPUR W.P. NQ. i? OF 2002. Petitisner Smt. Nirrrsal Thakur w/o Shri M.L. Thakur Aged about 51 Years Project Ofricer, Integrated Chi!drsn Deveiopment Project, Women & Children Development Takhatpur, Distt. Bitaspur VERSUi R.essondents 1. ^^^' ^y v^.^' ^ State of Chhattssgarh Through The Chier Secretary Govt. Of Chhattssgarh D.K.S. Bhavan R.aipur ^•^•"~ "^'^-^' '^^^ .'- ^•' • ^-.^" .>• 3. A/.w ^'.^^ ~ »?••'' F..>" ^ u/sn^Bi ^naifeil j Deptt. Of Women & Children Development, Govt. Of ChhattisQarh D.K.S. Bhavan Raiour Dlrector Directorate of Women & Chiidren Deveiopmeri,., R.sipU! R.sisur \ ^ ...:0 The Collector Biiaspur District Siiaspur WMTPIIITION UNDER ARTICLE 22j8fz27 OF CONSTITUTION OF INDlA f ^l •-UL. ^&l.aU-- X!:-HC-22 •g^q ^|<4|i^^, 'dTi]-l;|6, iaitril.y^ ..^..^.•...^..•...li^^ ^s.jM:^--..a/..t.-^./'fft c 'f, -^ ^^~<-^ 311^1 •EBT f^'tq? .?ll$?f 3ilt?T I^IIW ^lfeT fc.i.-"fi»iai w\~'Sv!R ^ww ^ fsvi °T S'i^iTO SiT^! ^IToiTSoor Shri Ajay Sharma, counsel foi( the petitioner. Shri Sanjay K. Agarwal, Dy.A. flJT. for fhe State. Heard. To begiti wifh, it inay be state^l that traasfer is an uicidence of service and a person. who hol^s a transferable post caunot object to his transfer as it is w|ittun t^le jurisdiction of fhe einployer to determuie as to whereja pardcular employee should or should not be posed. Howeve4 fhere ruay be some cases of transfer which ruay be examiaed l^y the Court aiid these would nomiaUy be fhe cases where aa eE(iployee has been subjected to I* ~ frequent traasfers or the traasfer ^s by way of harassinent or to acconuaodate a particular pp-soniby bringmg tiiTn back to fhe place where fhat person was trai^sferred and sending out the iucuinbent who had joiued that p^rticulaT place on traasfer of the previous uicumbent. The chsUlenge to axi order of trausfer in fhe opinion of the Court, is tq be considered in the above background. The chatlenge ia fhis writ petijdon is to the order oftraasfer dated 29/11/2002 (Annexure P/lj) whereby the petitioner who was working as Project Of&cer Developinent Project Office, Takl^atpur, District Bilaspur has been traiisferred in the same capa(;ity to Korba against a vacaat post. As that veiy order disclose^ one Ravi Sharma has been trausferred froin Raipur and postei^ ^auist fhe post hold by the petitioner. [17ty <i<aii under the Integrated Child 29. SfKna'vf ft;!W3?Ts^i ?!?tTR-7W^ K^fS^ ..^ 7^ ''AWMf, ^\W6, f^'W^ sii^i^RnsgttrtN 7-.- qillfe^i' TFR:ff '3 fSV <h^\J. IT sn^'f S'!R?] According to the petitiorier ^LS the order of trausfer has been passed iu contravention of ftje tiansfer poMcy of fhe State Goveminent, she had submitjted a representation but as the same has not been considered ^nd decided by the Authorities, she has approached tbis Court. Siace the petitioner has si.fbnutted a representation which has yet to be considered, this jwrit petitfon is disposed of by directmg respQndent n.o.2 to lconsider aad dispose of the petitioner's representatiou on it^ own jmerits within a period of troo weeks fi'oin the date of comlmuiucation of fhis order. It is niade clear that this Court is nc^t expressing any opiaion on the nierits of the representation w^iich has to be considered aad disposed of on its own inerits ]>y the Aufhorily. Sitice it was also contended by fhe petitioner] as fhe husband aad wife were that under the guidelines so far the Goveminent service are to be posted at same place, the St^te will be free to take a decision ofposting both the husband an<^ wife at aay place. Sd/- P.C.Naik Judge [Vs ^i r s :!: