SMT. SEEMA VERMA vs STATE OF CHHATTISGARH

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CGHC010183072025 2026:CGHC:46566
NAFR
JYOTI
SHARMA
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed by
JYOTI SHARMA
Date: 2026.11.05
10:59:30 +0530
WPS No. 3454 of 2025
Smt. Seema Verma W/o Girish Kumar Verma Aged About 46 Years R/o
Street-37, Sarojani Nagar, Dhanora, Tah And Dist- Durg (C.G.) 491001
... Petitioner(s)
versus
1. State Of Chhattisgarh Through The Secretary, Department Of School
Education, Mahanadi Bhawan, New Raipur, Tahsil And District- Raipur
(C.G.)
2. Director, Directorate Of Public Instructions, Indrawati Bhawan, Nawa
Raipur, District- Raipur (C.G.)
3. Joint Director Education Division Durg, Near Jila Panchayat Building,
G.E. Road, Durg, Dist. Durg (C.G.)
4. Collector Durg, Dist. Durg (C.G.)
5. R.L. Thakur, Presently Posted As Divisional Joint Director, Education
Division Durg, Dist. Durg (C.G.)
... Respondent(s)
(Cause title is taken from Case Information System)
For Petitioner : Mr. Mateen Siddiqui, Senior Advocate along
with Mr. Tribhuwan Das and Ms. Zainab
Vanak, Advocate
For Respondents/
State
: Mr. Akshay Uppal, Dy. G.A.
For Respondent No. 5 : Mr. Vinod Kumar Sharma with Mr. Gopal
Prasad Mathur, Advocate
(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board
03/11/2026
1. By way of the present writ petition, the petitioner has assailed the
orders dated 01.03.2025 and order dated 03.01.2025, whereby
her representations were rejected.

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2. Learned counsel appearing for the petitioner submits that, in an
earlier writ petition preferred by the petitioner, bearing WPS No.
538 of 2025, this Court, vide order dated 21.01.2025, had directed
the respondent authorities to consider the case of the petitioner in
a pragmatic manner and pass an appropriate order regarding her
transfer within a period of one month, taking into consideration the
fact that her father-in-law is suffering from stomach cancer and
that the petitioner herself is suffering from Dysfunctional Uterine
Bleeding (DUB). Learned counsel further submits that, pursuant to
the aforesaid order dated 21.01.2025, the petitioner submitted her
representation and was directed to appear before the Medical
Board. Upon examination, the Medical Board confirmed that the
petitioner was suffering from Dysfunctional Uterine Bleeding
(DUB). Thereafter, the opinion of the Civil Surgeon was sought,
who observed that the ailment suffered by the petitioner was not
serious in nature. Relying upon the said opinion, the
representation of the petitioner came to be rejected by order
dated 01.03.2025.
3. Learned counsel by referring to page 70 of the writ petition further
submits that although the Civil Surgeon observed that the ailment
of the petitioner was not serious in nature, he simultaneously
advised her to undergo a biopsy and specifically observed that a
conclusive opinion could be given only after receipt of the biopsy
report. However, instead of awaiting the biopsy report or directing
the petitioner to undergo the requisite investigation, the Joint
Director rejected her representation on the basis of the aforesaid
opinion. Learned counsel, therefore, alleges arbitrariness and

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mala fide on the part of the Joint Director. It is further submitted
that the petitioner is not seeking a posting at the same place from
where she was transferred; rather, she is willing to be posted at
any nearby block in the vicinity of Durg as her father-in-law who is
suffering from stomach cancer is also residing in Durg and she is
also taking care of hear ailing parents-in-laws. In view thereof,
learned counsel prays that the writ petition may be disposed of
with a direction to the respondent authorities to reconsider the
grievance of the petitioner in the light of the order passed by this
Court in WPS No. 538 of 2025, decided on 21.01.2025, and the
grounds raised in her representation.
4. Per contra, learned State counsel submits that the representation
of the petitioner shall be reconsidered by the concerned
respondent, taking into consideration the grounds raised therein.
5. I have heard learned counsel appearing for the parties and
perused the material available on record.
6. Having considered the submissions made by learned counsel for
the parties and the pleadings in the earlier writ petition, being
WPS No. 538 of 2025, which was disposed of by this Court with a
direction to the respondent authorities to consider the grievance of
the petitioner in a pragmatic manner, particularly in the light of the
medical documents placed on record, this Court finds that the
grievance raised by the petitioner deserves consideration in the
light of the aforesaid directions.
7. Undisputedly, the petitioner is suffering from Dysfunctional Uterine
Bleeding (DUB), which has also been confirmed by the Medical

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Board. Further, the Civil Surgeon has observed that a conclusive
opinion regarding the petitioner's medical condition can be given
only after receipt of the biopsy report. In such circumstances, the
medical condition of the petitioner requires due consideration
while examining her request for transfer. It is also relevant to note
that the petitioner is not seeking a posting at any particular district
or insisting upon being retained at her previous place of posting.
Rather, she has expressed her willingness to be posted at any
nearby block in the vicinity of Durg as her father-in-law who is
suffering from stomach cancer and mother-in-law are also
residing in Durg and she is taking care of them.
8. Considering the aforesaid facts and circumstances, the petitioner
is directed to submit a fresh representation, along with all relevant
medical documents, before the Director of Public Instructions
(DPI) within a period of 10 days from today. Upon receipt of such
representation, the DPI shall consider the grievance of the
petitioner objectively and sympathetically, keeping in view the
directions issued by this Court in WPS No. 538 of 2025, the
medical documents placed on record, and the observations made
hereinabove. The DPI shall also consider the request of the
petitioner for her posting at a nearby block in the vicinity of Durg
and take an appropriate decision in accordance with law.
9. With the aforesaid observations and directions, the present writ
petition stands disposed of.
Sd/-
(BIBHU DATTA GURU)
JUDGE
Jyoti