Manoj Kumar Sarthi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 210 of 2021 Manoj Kumar Sarthi S/o Shri Makkar Lal Sarthi Aged About 38 Years Occupation- Food Inspector (Lailunga), Residence Of Chhote Atarmuda, Near Abhinav School, P.S. Chakradhar Nagar Tahsil And District- Raigarh (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mantralaya, Police Station And Post- Rakhi, Nawa Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 2.

Director Food, Civil Supplies And Consumer Protection Department, Block-Ii, 3rd Floor, Indrawati Bhawan Nawa Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 3.

Collector (Food Branch) District Raigarh (Chhattisgarh) 4.

Food Officer Office Of Food Branch, Collectorate District- Raigarh (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Santosh Kumar Pandey, Advocate For State :

Mr. Shakti Singh Thakur, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 02/02/2021 1.

The challenge in the present writ petition is to the order of transfer whereby the petitioner has been transferred from Raigarh to Beejapur.

2. The challenge is on the ground that the wife of the petitioner is also a government employee and is posted at District Raigarh itself and the petitioner has to take care of his family and transferring the petitioner to Beejapur at this juncture would create great inconvenience to his entire family. The further contention of the petitioner is that the

petitioner also in the past has worked in a scheduled area for more than 6-7 years and therefore at this juncture he should have not been again sent to scheduled area and should had been retained at a place Raigarh or nearby his spouse is working. He further submits that there are vacancies available at nearby location. 3.

Given the aforesaid facts and circumstances of the case, the writ petition at this juncture stands disposed of directing the petitioner to make an appropriate representation to the respondents No.1 & 2, who in turn shall consider the representation of the petitioner in accordance with the Rules and Policy governing the field. 4.

Let the representation be made within a period of 7 days from today and the respondents in turn shall decide the representation within a further period of 30 days from the date of receipt of the representation.

5.

Meanwhile, purely as an interim measure since there is no other replacement being made in place of the petitioner, let status-quo as it exits today, so far as the posting of the petitioner is concerned, be maintained till the representation of the petitioner is decided by the respondent authorities.

6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved