Smt. Sarika Lakra Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Smt. Sarika Lakra Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the transfer order dated 01.04.2025; petitioner at liberty to file a representation before the committee constituted by order dated 03.03.2025 within 15 days, to be decided by the committee within 30 days in accordance with law and policy; petitioner free to apprise the committee of this Court's order.

Issue for consideration

Whether the petitioner's transfer by order dated 01.04.2025 from Primary Health Center Tenda Nawapara to Primary Health Center Barra under CHC Chapple ought to be interfered with, given her daughter's Class 12 studies, her 84-year-old father-in-law residing with her, and her own health issues. +1 more

Court's answer

Looking to the grievance of the petitioner, the Court directed the petitioner to approach the committee constituted by order dated 03.03.2025 and file a representation within 15 days from receipt of a copy of the order.

Ratio / Principle

Upon filing of the representation, the said committee shall decide the petitioner's representation in accordance with law and the applicable policy within 30 days from the date of filing.

Key takeaways

Until the committee decides the representation, the transfer order dated 01.04.2025 shall remain stayed.ratio¶29

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur (Bibhu Datta Guru, J.) — WPS No. 2873 of 2025, order dated 28/04/2025. A Women Supervisor questioned her transfer by order dated 01.04.2025 (Annexure P-1) from Primary Health Center Tenda Nawapara to Primary Health Center Barra under CHC Chapple, pleading that her mid-term transfer would affect her daughter's Class 12 studies, that her 84-year-old father-in-law resides with her, and that she herself has health issues; her representation against the transfer was pending. Counsel for the State pointed to a committee constituted by order dated 03.03.2025 to consider employees' transfer grievances. The Court disposed of the writ petition directing the petitioner to approach that committee with a representation within 15 days; the committee to decide it within 30 days in accordance with law and the relevant policy; and, till then, the transfer order dated 01.04.2025 to remain stayed. The petitioner was left at liberty to apprise the committee of the Court's order.

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2025:CGHC:19006

Digitally
signed by
JYOTI
JYOTI SHARMA
SHARMA Date:
2025.04.29
10:59:27
+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

NAFR

WPS No. 2873 of 2025

1 Smt. Sarika Lakra W/o Anil Lakra Aged About 49 Years Women Supervisor R/o Near Gomti Petrol Pump, Gharghora District- Raigarh (C.G.)

... Petitioner(s)

versus

1 State Of Chhattisgarh Through The Secretary, Health Department Mahanadi Bhavan Raipur District Raipur (C.G.)

2 Collector Raigarh Chhattisgarh

3 Chief Medical And Health Officer Raigarh, Distt. Raigarh (C.G.)

4 Block Medical And Health Officer Gharghora, District Raigarh (C.G.)

5 Block Medical And Health Officer Chapple, District Raigarh (C.G.)

... Respondent(s)

For Petitioner(s) : Shri Awadh Tripathi, Advocate For Respondent/ : Shri S.S. Choubey, P.L.

State

2

Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

28/04/2025

Heard.

By the present writ petition, the petitioner, is questioning her transfer by order dated 01.04.2025 (Annexure P-1) from present place of posting Primary Health Center Tenda Nawapara to Primary Health Center Barra under CHC Chapple.

Learned counsel for the petitioner submits, that daughter of the petitioner is studying in class 12^th and mid term transfer will effect her studies. He further submits that father in law of the petitioner also resides with her, who is aged about 84 years and the petitioner herself is having health issues. He further submits that due to transfer to new place of posting, the petitioner will suffer irreparably. He further submits that the petitioner has submitted a representation but the same has not been decided till date.

Learned counsel for the respondents/ State on instructions submits that, as far as, the transfer of employees of the State government is concerned, the State government has decided to constitute a committee to consider the grievance of the employees in case of transfer and placed a copy of the order

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dated 03.03.2025. He further submits that if the petitioner will approach the said committee, the committee will decide the same in accordance with the relevant transfer policy and relevant law.

I have heard learned counsel for the parties and perused the pleadings and the documents on record.

Hence, looking to the grievance of the petitioner, it is directed that the petitioner shall approach the committee constituted by order dated 03.03.2025 with a representation within a period of 15 days from the date of receipt of a copy of this order. In case of filing of the representation, the said committee shall decide the representation of the petitioner in accordance with law and the policy within a period of 30 days from the date of filing of the representation. Till then, the transfer order dated 01.04.2025 shall remain stayed.

With the aforesaid observation, the writ petition is disposed off.

The petitioner is at liberty to apprise the committee about the order of this court.

Sd/-

(Bibhu Datta Guru)

JUDGE

Jyoti