Kiranrani Bachan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 986 of 2018 Kiranrani Bachan W/o Late K. K. Bachan Aged About 61 Years R/o H. N. 1 / 11 Rajeev Nagar Extension Post Office- Shankar Nagar Raipur, P. S. Mowa Pandri District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Public Health And Engineering Department, Mahanadi Bhawan, Mantralaya, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Engineer In Chief, Public Health And Engineering Department, D Block Illrd Floor, Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Superintending Engineer, Public Health And Engineering Department, Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ....Respondents For Petitioner :

Mr. Yogendra Pandey, Advocate For State :

Mr. Majid Ali, Dy. G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31.01.2018 Heard.

1.

The petitioner has challenged the legality and validity of order dated 05.01.2018 by which his representation has been rejected. 2.

Learned counsel for the petitioner would submit that though the petitioner has been promoted and the petitioner is willing to join on the promoted post, she has lot of difficulty personal in nature in joining at Jagdalpur which is a distant place in the state and is a hard station. The petitioner being a lady ought to be given proper consideration. The representation of the petitioner has been rejected without due consideration.

3.

It appears that the petitioner was promoted and posted at Jagdalpur. Aggrieved by the place of posting, the petitioner filed a writ petition earlier which was disposed off with the direction for consideration. Now the representation of the petitioner has been considered and rejected.

4.

An employee cannot choose place upon promotion. Once a promotion order has been issued, the Government servant, if willing to take promotion, is required to join at the place where he has been posted upon promotion. 5.

Learned counsel for the petitioner submits that the petitioner may be granted liberty to file representation.

6.

Earlier the Court had issued a direction, the case of the petitioner was considered and thereafter impugned order has been passed. Therefore, now the same process cannot be allowed to continue. The petition is dismissed. However, in future, upon completion of normal tenure of posting, if the petitioner has any difficulty, it will always be open for the petitioner to make representation to the authorities.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha