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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, J.
Smt. V. Walter, W/o Shri H. Walter, - Appellant
Versus
State of Chhattisgarh, Through its Secretary, Department of School Education - Respondents
WPS No. 7039 of 2009
Decided on : 19-12-2023
Transfer - Violation of Circular - C.G. Ashashkiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon ke Vetano Ka Sandaya) Adhiniyam 1978 & C.G. Ashashkiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon ke Padachyut Karne/Seva Se Hatane Sambhandhi Prakriya) Niyam 1983 - 12.07.1984 Circular - Violation of Principles of Natural Justice - Article 14, 16 & 21 of the Constitution of India - Noverties India Ltd. Vs. State of West Bengal & Others (2009) 3 SCC 124 - THE STATE OF ORISSA AND ANOTHER V. RAM NARAYAN DAS AIR 1961 SC 177
Fact of the Case:
The petitioner, a teacher, was transferred in an arbitrary manner by the respondent No.3, violating principles of natural justice and circulars governing transfers. The petitioner challenged the transfer through a writ petition.
Finding of the Court:
The court found that the transfer order and subsequent termination were not in accordance with the circular of the government, and the respondents had not obtained prior approval as required. The court set aside the termination order and granted liberty to the respondents to transfer the petitioner in accordance with the circular.
Issues: Violation of circular governing transfers, principles of natural justice, and constitutional rights of the petitioner.
Ratio Decidendi: The court held that the transfer and termination were not in accordance with the circular of the government, and the respondents had violated principles of natural justice and constitutional rights of the petitioner.
Final Decision: The impugned order of termination was set aside with all consequential benefits, and the respondents were granted liberty to transfer the petitioner in accordance with the circular of the government.
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:
(ii) This Hon'ble Court may kindly be pleased to issue a appropriate writ quashing and sitting aside the impugned memo dated 16/12/2008 (Annexure P/1) issued by the respondent no.3.
(iii) This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to reinstate the petitioner with all consequential benefits.
(iv) Any other relief/relief, which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, may kindly be granted.
(v) Cost of the petition be also awarded.”
2. Brief facts of the case as projected by the petitioner are that, the petitioner was initially appointed as Lower Division Teacher vide order dated 30.06.1986 issued by the respondent no.4 against the regular vacant sanctioned post in regular pay scale and posted at Church of Christ Primary School, Kududand, Bilaspur (Chhattisgarh). Right from the beginning the petitioner's work was full of sincerity, honesty and without there being any complaint or any adverse remarks, whatsoever, giving maximum results to the Governing Body/Management of C.C.M.I. The petitioner always work with utmost satisfaction of the superior authorities concerned and pertinently her work was also richly appreciated and was never communicated any adverse remarks in the entire service records.
3. The Church of Christ, Mission in India, Kududand, Bilaspur (Chhattisgarh) (here-in-after referred to as C.C.M.I.) is a registered society under the Registrikaran Society Act-19 and having Registration No.11/1953-54. The Church of Christ Mission in India, Kududand, Bilaspur is 100% grant in aid Body & Society receiving absolutely full aid from the State Government right from the date of establishment. The C.C.M.I., Kududand, Bilaspur is having five School/Educational Institutions, out of which there are two Primary Schools, one Middle School, one Higher Secondary School (Hindi Medium) fully run and controlled by the Management and one Higher Secondary School (English Medium) run and controlled by the management. The two Primary Schools of C.C.M.I. Society are situated at Kududand and Chanduwabhata, Tarbahar, Bilaspur whereas one Middle School situated in the same building of the Society and the other two Higher Secondary Schools of Hindi Medium and English Medium each are also situated at Kududand, Bilaspur (Chhattisgarh). It is further submitted that all these Schools are fully governed, controlled and managed by the governing body and the Executive Committee. The petitioner's husband i.e. Shri H. Walter who is retired Head Clerk of the Vetenary Department, Bilaspur, is an active member of the Church of Christ, Kududand, Bilaspur and is also elected elder of the Church of Christ, Kududand, Bilaspur vide election held on 08.02.1998. In the Church of Christ, Kududand, Bilaspur there are as many as seven elders elected by congregation vide election held on 08.02.1998.
4. Tthe respondent no.4, C.C.M.I., Kududand, Bilaspur filed a Civil suit on 17.02.1998 through the secretary, Ishwari Lal seeking a declaration that election of Board of elders vide dated 08.02.1998 is illegal and have no right to interfere with the property and affairs of Church of Christ Mission in India, Kududand, Bilaspur and further the elected Board of Elders to be restrained from interfering with the property and affairs of Church of Christ, Kududand, Bilaspur. The respondent No.3 Church of Christ Mission in India, Kududand, Bilaspur also sought a declaration that an arrangement made by the Executive Magistrate vide dated 31.01.1998 be held null and void. The petitioner's husband who is an elected Elder of the Church of Christ, K
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