Order On Board

13/12/2022

1. Challenge in this writ petition is to the order dated 29.11.2022 by which petitioner, who is working as Teacher (LB) and posted at Government Middle School Potiyakala, Block and District Durg, is transferred to Government Middle School Litiya, Block Dhamdha, District Durg, on administrative ground.

2. Learned counsel for petitioner would submit that pursuant to request made by petitioner for her transfer, vide order dated 30.9.2022 she is transferred to Government Middle School Potiyakala and in compliance thereof, petitioner joined at transferred place on 14.10.2022. However, within two months from the date of transfer order dated 30.9.2022, petitioner is again transferred by order impugned and posted at Government Middle School Litiya. He contended that as per Clause 1.5 of Transfer Policy dated 12.8.2022, employees posted at a particular place prior to 15.8.2021 are only to be considered for transfer. Hence, transfer of petitioner is in violation of Transfer Policy. Furthermore, while transferring petitioner within two months of her transfer, no specific reason is assigned. Petitioner has not been relieved till date to join at transferred place. Hence, impugned order is liable to be interdicted.

3. Learned counsel for the State submits that petitioner is a government servant holding transferable post, hence, he has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by Competent Authority on administrative ground, hence it does not call for any interference.

4. Heard learned counsel for the parties and perused the documents filed along with writ petition.

5. Taking into consideration facts and circumstances of case, particularly the fact that petitioner joined at her present place of posting i.e. Potiyakala, only on 14.10.2022; Clause 1.5 of Transfer Policy, 2022 and that no specific reason is assigned in impugned order for transferring petitioner within a period of two months from the date of her transfer, I am of the view that no useful purpose would be served in keeping this writ petition pending, awaiting response of the respondents, and ends of justice will be served if this writ petition is disposed of permitting petitioner to submit representation against her transfer before the Committee constituted under Transfer Policy to consider grievance of employees against transfer.

6. Accordingly, this writ petition stands disposed of permitting petitioner to submit representation before the Committee constituted under Transfer Policy within two weeks from today, raising all the grounds as raised in this writ petition. On making such representation, the Committee shall consider and decide the same in accordance with law expeditiously within an outer limit of three weeks from the date of receipt of such representation.

7. Till decision on petitioner's representation, status quo, as it exists today, with respect to posting of petitioner shall be maintained by the parties.

8. Certified copy as per rules.