Writ appeal dismissed at the admission stage. The Divisional Bench held that the High Court Single Judge correctly dismissed the petition against the transfer order, finding it strictly in accordance with law.
Writ appeal dismissed at the admission stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHARTTISGARH AT BILASPUR
Coram:Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ
WritADpealNo.319/2009
Aopellant Smt Rekha Yadav, wife of Shri Awactesh Kumar Yadav, aged about 40 Occu^tion years, Sen/ice, R/o Baikunthpur, Dtetrict Koriya (CG)
Versus
Respondents 1. State of Chhattisgarh Through - The Secretary, Tribal Development Departmertf, D.K.S. Bhawan, Raipur (CG)
Writ appeal under Section 2 of the CG Hiah Court (Appeal in Divisional Bench) Act. 2006 R/W Under Rule 157 of the Hiah CourtofCGRute.2007
Present: Shri A.K. Shukla, counsel for the appellart:. Shri Vinay Harit, Dy. Advocate General with Shri S.K. Mlishra, Panel LawyerfortheState.
Oral Order
(Passed on 3ro of November, 2009)
This writ appeal is directed against the order dated 20.10.2009 passed in W.P. No.5971/2009, whereby the petition of the petitioner against his transfer order dated 30.06.2009 vide Annexure P-1 has been dismissed.
(2) Learned counsel for the petitioner submits that the petitioner is a lady and she is subjected to transfer within a period of 10 months in contravention of the transfer policy ofthe State Government. She has small children to Jook after and her husband is aiso employee of the SECL posted in the present place of posting.
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(3) Having heard learned counsel for the parties, having regard to the order under challenge, we are of the opinion that the iearned single Judge, after considering the arguments of learned counsel for the appellant and also taking into consideration the scope of interference in the transfer matter, has dismissed the petition.
(4) The order impugned is strictly in accordance with law and the same does not call for interference. The writ appeal is dismissed at the admission stage itself. —~
Sd/Dhirendra Mishra Judge
Sd/R.N. Chandrakar Judge
Priya
1 issue framed by the court
Whether the writ appeals raised against the dismissal of the transfer petition calling for transfer and minor children's care should be allowed.
2 provisions across 2 enactments
Smt Rekha Yadav
State of Chhattisgarh Through The Secretary, Tribal Development Department
The Deputy Secretary, Tribal Development Department
The Assistant Commissioner, Tribal Development Baikunthpur
The Assistant Commissioner, Tribal Development Ambicapur
Dhirendra Mishra
R.N. Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
