wxwk é‘9r?bi /2009 (SB) Writ Petition (S) PETITIONER Smt Vinita Naidu, W/o Sh’ri R.K.Naidu, Aged about 55 years, Resident of A-53 ' Waiifort Enciave, Pachpedi Naka, Tahsiiw and District — Raipur (C.G.) VERSUS “State of Chhattisgarh, Through — Secretary, Schooi Education, D.K.S. Bhawan, Mantraiay, Raipur (C.G.) Director, Public instructions, Pension Bada. 3.~ K Raipur (Chhattisgarh) 2. Siwgte BENcH r’ District Education Officer, Pension Bada, Raipur, (Chhattisgarh) IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR RESPONDENTS 1. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA, FOR THE ISSUANCE OF DIRECTION (SI OR ORDER IS). (a HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S)NO.6774I2009 PETITIONER Smt. Vinita Naidu Versus RESPONDENTS State of Chhattisgarh and others (Writ Petition under Article 226/227 of the Constitution of India) Sinqle Bench: Hon’ble Shri Satish K. Agnihotri, J. ‘ Present :- Shri Prakash Tiwari with Shri V. Vijay, counsel for the petitioner. Shri M. P. S. Bhatia, Deputy Govt. Advocate for the State. ORAL ORDER (Passed on this 19th day of November, 2009) The petitioner, by this petition, challenges the legality and validity of the a impugned order dated 24—09-2009 (Annexure P/1), whereby the ® petitioner has been transferred from J. R. Dani Government Girls Higher ,r’e Secondary School, Raipur (as Lecturer) to the Government High School / Sakara, Dharsiva, District Raipur (as Principal). The petitioner is further aggrieved by the notice dated 28-10-2009 (Annexure Pl7). whereby the petitioner has been asked to show cause asto why she has not joined on the promoted post of Principal pursuant to the order dated 6.8.2009, within the stipulated period. (2) The indisputable facts, in nutshell, for adjudication of the case, are that vide order dated 06—08-2009 (Annexure-Pl2), the petitioner, while working on the post of Lecturer at J. R.. Dani Govt. Higher Secondary School, Raipur was promoted to the post of Principal and accordingly transferred to Govt. Higher Secondary School, ’Korasi, Aarang, District Raipur to join as Principal. The order dated 6.8.2009 was amended by the \ subsequent order dated 08-09—2009 (Annexure P/3) and the petitioner was transferred in the office of the District Education Officer, Raipur. Pursuant to the said order, the petitionerjoined in the office of District Education Officer, Raipur on 11-09-2009 (Annexure P/4) in the capacity of Principai. Thereafter, by order dated 6—10-2009 (Annexure T P/5), passed by the District Education Officer, Raipur, the petitioner was relieved for joining at Govt. High School, Sankra, Dharsiva, District Raipur as Principal. Pursuant to the relieving order, the petitioner could not join her duties at Govt. High School, Sakra, Dharsiva, Raipur as Principal, as she was on sick leave. ln the meantime, by the impugned order dated 24.9.2009, the petitioner has been transferred to the same school i.e. Govt. High School, Sakra, Dharsiva, Raipur as Principal, showing her post as Lecturer. By the impugned notice dated 28-10-2009 (Annexure P/7), the petitioner has been asked to show cause asto why she has'not joined on the promoted post of Principal, pursuant to the order dated 6.8.2009, within the stipulated period. (3) Learned counsel appearing for the, petitioner submits that the impugned order was issued showing her designation as Lecturer; however, prior to issuance of the impugned order, she was already promoted and joined to the promoted post. Hence, the impugned order dated 24.9.2009 as well as the impugned notice dated 28.10.2009 are contrary to th‘e facts. Being aggrieved by the said action of the respondentaauthorities, the petitioner made a representation (Annexure Pl6), but no action has been taken by the concerned authority. Thus, this petition. (4) l have heard learned counsel appearing for the parties, perused the r\\ pleadings and the documents appended thereto. \ \ (5) It is evident that the petitioner while working on the post of Lecturer was promoted on the post of Principal by order dated 6.8.2009 and was transferred from J. R. Dani Govt. School to Govt. Higher Secondary Schoi Korasi, Aarang. By subsequent order dated 8.9.2009 the posting of the petitioner was directed in the office of the District Education Officer, Raipur, where the petitionerjoined as Principal on 11.9.2009 (Annexure Pl4). Thus, there may not be any dispute in regard to joining of the petitioner on the post of Principal pursuant to the promotion order dated 6.8.2009. Thus, the notice dated 28.10.2009, appears to have been issued without looking into the facts of the case and, as such, the notice dated 28.10.2009 is not sustainable in law. However, the employer may look into the facts and if necessary, may pass appropriate order, in accordance with law. Once the petitioner has been promoted and joined on the post of Principal, subsequently she cannot be transferred and posted as Lecturer. (6) At this juncture, Shri Bhatia, learned Dy. Govt. Advocate appearing for the State submits that necessary corrections would be done and necessary steps shall be taken accordingly. lt is directed to do the needful at the earliest. (6) Having regard to the facts situation as afore-stated, liberty is reserved to the petitioner to make a detailed representation'to the concerned authority to consider the same in the light of above observations and pass appropriate orders, in accordance with law and on its own merits. (7) Accordingly, the writ petition is disposed of. Sdl- i K Agnihotri "#,#,, Satish Judge