A single-judge bench of the High Court of Chhattisgarh, Bilaspur on 15.02.2019 in DR. (SMT.) MADHUMITA MURTHY V. STATE OF CHHATTISGARH (WP(S) 1051 of 2019) allowed the writ petition. The bench was headed by Justice P. Sam Koshy.
FACTS:
These are two writ petitions whereby the challenge was common order of transfer. The two petitioners are Husband and Wife and both were working as Professor at Chhattisgarh Institute of Medical Science, Bilaspur. Both had been transferred to Government Medical College, Ambikapur. They had prayed that the order of transfer of both the petitioners be kept in abeyance till the academic session or the examination of their daughter was over.
ISSUES:
· Whether transfer of the petitioners stands on hold for the time being?
CONTENTIONS:
By petitioners:
· The transfer had been made during midsession particularly when the examination of their daughter was undergoing.
· Therefore they be protected till the academic session was over.
· Their daughter was a student of Class-IXth and her examination was scheduled to be held later in that month and would continue up till March, 2019.
· Kindly let the order of transfer be kept in abeyance till the academic session or the examination of their daughter was over.
OBSERVATIONS:
The court observed that:-
· The said request of the petitioners seemed to be fair and reasonable prayer on their part.
· If a valid reason was given for the hold of transfer then it should be considered.
· Disposition of the writ petitions would meet the ends of justice.
HELD:
The court allowed the writ petitions and disposed of with a direction to the respondents No.2&3 to ensure that the petitioners were not relieved from the present place of posting i.e. CIMS, Bilaspur, till 15th April and the respondents would be at liberty to relieve the petitioners, if need so arises, only after 15th April, 2019.
For full judgement refer:
[embeddoc url=”http://cg.nic.in/hcbspjudgement/judgements_web/WP(S)1051_19(15.02.19).pdf” download=”all”]
